Jharkhand High Court
Praveen Kumar vs The State Of Jharkhand ......Opposite ... on 27 September, 2022
IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No. 6477 of 2022
Praveen Kumar ...... 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. Supriya Dayal, Advocate For the State : Mr. Shiv Shankar Kumar, A.P.P. .....
Order No.03/ Dated:27.09.2022 Heard learned counsel for the parties.
Apprehending his arrest in connection with Chandwa P.S. Case No. 54 of 2022 instituted under Sections 379, 414, 34 of the Indian Penal Code r/w Section 21 MMDR Act 1957 and Section 13 Jharkhand Minerals Prevention of Illegal Mining, Storage & Transportation) Act 2017, the petitioner has moved this Court for grant of privilege of anticipatory bail.
As per F.I.R. 10 tones coal was seized from the brick kiln of the petitioner, but no document was produced.
Learned counsel for the petitioner has submitted that coal was purchased one with all valid documents. Petitioner has no criminal antecedent. It is submitted that petitioner will file his reply to the notice under Section 41(A) Cr.P.C. Hence, the petitioner may be extended the privilege of anticipatory bail.
Learned Addl.P.P appearing for the State opposes the prayer for anticipatory bail of the petitioner and submitted that he was found operating brick kiln in spite of notice and also stored 10 tonnes coal without any valid paper, hence, the petitioner does not deserve anticipatory bail.
Considering the facts and circumstances of this case, the nature of allegation coupled with materials on record, I am inclined to grant privilege of anticipatory bail to the petitioner. Accordingly, the petitioner is directed to surrender in the Court below within four weeks from today and in the event of his arrest or surrendering, he will be enlarged on bail on furnishing bail bond of Rs.30,000/- (Rupees Thirty Thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M., Latehar in connection with Chandwa P.S. Case No. 54 of 2022 with the condition that he will co-operate with the investigation of the case and appear before the investigating officer as and when noticed by him and furnish his mobile number and photocopy of the Aadhar Card with an undertaking that he will not change his mobile number during the pendency of the case and subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Pradeep Kumar Srivastava, J.) R.K