Jharkhand High Court
Angesh Singh vs The State Of Jharkhand on 2 November, 2015
Author: R. N. Verma
Bench: Ravi Nath Verma
IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No. 3072 of 2015
Angesh Singh
Son of Kamakhya Singh, resident of village- Chhatar Mandu,
PO, PS & District- Ramgarh .... ... Petitioner(s)
-V e r s u s-
State of Jharkhand .... ... Opposite Party
CORAM: - HON'BLE MR. JUSTICE RAVI NATH VERMA
For the Petitioner(s) : - Mr. Prabhat Kumar Sinha, Advocate
For the State : - Addl. P.P.
....
02/02.11.2015The sole petitioner Angesh Singh has moved this Court for grant of privileges of anticipatory bail in connection with Mahuatand P.S. Case no. 43 of 2015, instituted under Sections 413/414/34 of the Indian Penal Code and Section 33 of the Indian Forest Act.
Heard learned counsel appearing for the petitioner as well as learned counsel representing the State.
The prosecution case relates to illegal mining of coal and selling the same to different persons including this petitioner.
Learned counsel for the petitioner submitted that from perusal of the F.I.R. itself, it would appear that four persons were apprehended by the informant and in course of interrogation, they disclosed that Idris Mian, Ram Sevak Mahato and others used to extract coal, which was being used in brick kiln of this petitioner and other persons. It was also submitted that petitioner is innocent and has not committed any offence as alleged and nothing was recovered from the brick kiln of this petitioner and his name came in the statement of co-accused and besides that, there is absolutely no evidence on record to show the complicity of this petitioner in the alleged offence. Hence, the petitioner deserves the grant of privileges of anticipatory bail.
Learned counsel representing the State relying upon the order impugned opposed the prayer.
Considering the submissions of the counsels, the circumstances discussed above and the fact that the name of the petitioner came in the disclosure statement of co- accused, I am inclined to grant the privileges of anticipatory bail to the petitioner.
Accordingly, petitioner Angesh Singh is directed to surrender in the court below within three weeks from today and in the event of his arrest/surrender, the court below is directed to enlarge him on bail on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Bermo at Tenughat, in connection with Mahuatand P.S. Case no. 43 of 2015, corresponding to G.R. Case No. 878 of 2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(R. N. Verma, J.) Ritesh