Jharkhand High Court
Kamal Ganjhu @ Kamala Ganjhu vs The State Of Jharkhand ......Opposite ... on 16 December, 2022
THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No. 8050 of 2022
Kamal Ganjhu @ Kamala Ganjhu ...... Petitioner
Versus
The State of Jharkhand ......Opposite party
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CORAM: HON'BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA
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For the Petitioner : Mr. A.K. Chaturvedy, Advocate For the State : Mr. Prabir Kumar Chatterjee, Spl.P.P. .....
Order No.04/ Dated:16.12.2022 Heard learned counsel for the parties.
Apprehending his arrest in connection with Balumath P.S. Case No. 58 of 2022 instituted under Sections 379, 414 of the Indian Penal Code, Section 30(ii) of Coal Mines Act, Section 21 of Minor and Minerals Regulation and Development Act (M.M.R.D Act), Section 13 of Jharkhand Minerals (Prevention of Illegal Mining, Storage and Transportation) Act, 2017 and Section 33 of Indian Forest Act, the petitioner has moved this Court for grant of privilege of anticipatory bail.
As per F.I.R., there is an allegation of illegal mining and transportation of 1.5 tons coal on the tractor.
Learned counsel for the petitioner has submitted that petitioner is innocent and has committed no offence at all rather he has been falsely implicated in this case. It is submitted that petitioner is the owner of the Swaraj 834XM tractor bearing engine no. 331008/SDE02818. It is lastly submitted that the petitioner undertakes to co-operate with the investigation of the case and also abide by all terms and conditions which may be imposed in the matter of granting anticipatory bail to the petitioner. Hence, the petitioner may be extended the privilege of anticipatory bail.
Learned Spl.P.P appearing for the State opposes the prayer for anticipatory bail of the petitioner.
It appears that petitioner has criminal antecedent of similar nature in Balumath P.S. Case No. 34 of 2017.
Considering the facts and circumstances of this case, the nature of allegation coupled with materials on record, I am not inclined to grant privilege of anticipatory bail to the petitioner, which stands rejected.
Petitioner is directed to surrender before the court below and pray for regular bail, the learned court below shall consider the same on its own merits, without being prejudiced by this order.
(Pradeep Kumar Srivastava, J.) R.K