Piyush Berlia vs The State Of Jharkhand on 20 July, 2017

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Jharkhand High Court

Piyush Berlia vs The State Of Jharkhand on 20 July, 2017

Bench: Anil Kumar Choudhary

       IN THE HIGH COURT OF JHARKHAND AT RANCHI
                           A.B.A. No.4330 of 2017
                                        ------
       Piyush Berlia                           .... ....   ....     Petitioner
                                        Versus
       The State of Jharkhand                  .... ....   ....Opposite Party
                                        ------
 CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
                                        ------
       For the Petitioner       : Mr. Diwakar Jha, Advocate
       For the State            : Addl.P.P.
                                        ------
02/20.07.2017

Apprehending his arrest in connection with Ramgarh P.S. Case No.158 of 2017 corresponding to G.R. No.558 of 2017 instituted under Sections 414/34 of the Indian Penal Code, Section 30(ii) of Coal Mines Act and under Section 33 of Indian Forest Act, the petitioner has moved this Court for grant of privileges of anticipatory bail.

Heard learned counsel appearing for the petitioner and learned Addl.P.P. appearing for the State.

Learned counsel appearing for the petitioner submitted that the allegation against the petitioner is that 3 tons of illegally extracted coal was seized from his brick kiln which was used to store illegally extracted coal from Sugia Forest Area, Karma colliery and from nearby areas for use in his brick kilns and for the sale in outside market for excess profit. It is submitted that all the allegations against the petitioner are false and he has got no criminal antecedent. It is lastly submitted that the petitioner is ready and willing to deposit sufficient security including cash security. Hence, the petitioner may be given the privileges of anticipatory bail.

Learned Addl.P.P appearing for the State opposes the prayer for anticipatory bail of the petitioner.

Considering the submissions of learned counsels and the facts and circumstances stated above, I am inclined to grant privileges of anticipatory bail to the petitioner. Accordingly, the petitioner is directed to surrender in the Court of learned Chief Judicial Magistrate, Ramgarh within four weeks from today and in the event of his arrest or surrendering, he will be enlarged on bail on depositing Rs.5,000/-(Rupees five thousand) as cash security and on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Ramgarh in connection with Ramgarh P.S. Case No.158 of 2017 corresponding to G.R. No.558 of 2017 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Animesh                                        (Anil Kumar Choudhary, J.)

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Jharkhand High Court