Jharkhand High Court
Manoj Kumar Mandal vs The State Of Jharkhand .... .... .... ... on 8 June, 2022
Author: Gautam Kumar Choudhary
Bench: Gautam Kumar Choudhary
IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No. 3119 of 2022
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1. Manoj Kumar Mandal
2. Deepak Kumar Sah .... .... .... Petitioners Versus The State of Jharkhand .... .... .... Opposite Party CORAM: HON'BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY For the Petitioners : Mr. Ranjit Kumar, Advocate For the State : Mr. Prabir Kumar Chatterjee, A.P.P. Oral Order 02/ Dated :08.06.2022 The anticipatory bail application filed on behalf of petitioners- Manoj Kumar Mandal and Deepak Kumar Sah, who are apprehending his arrest in connection with Sundarpahari P.S. Case No.07 of 2022 for the offence registered under Sections 379/411 of the Indian Penal Code, Section 4 of M.M.D.R. Act and Rules 9/13 of Jharkhand Minerals (Prevention of Illegal Mining, Transportation and Storage) Act pending in the Court of Sri Surendra Bedia, learned Judicial Magistrate, 1st Class, Godda is pressed into motion.
As per the prosecution case, on 16.02.2022, one tractor registration number was not mentioned along with trailor met with an accident causing death of a person. The driver of the tractor could not produce any valid document regarding the said loaded sand on the trailor.
It is submitted by the learned counsel that the petitioner no.1 is owner and petitioner no.2 is driver of the alleged seized tractor and trailor. Petitioner no.1 has got two criminal antecedent and petitioner no.2 has got no criminal antecedent.
Learned A.P.P. has opposed the prayer for bail.
Considering the submissions made, the anticipatory bail application of petitioner no.2, is allowed. Accordingly, the petitioner no.2- Deepak Kumar Sah, is directed to surrender before the learned Trial Court within a period of four weeks and in the event of his arrest or surrender, he shall be released on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties of the like amount each to the satisfaction of the Court below, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and the petitioner will deposit Rs.25,000/- (Rupees Twenty Five) as security deposit in the Court below.
Considering the fact the petitioner no.1 has two criminal antecedent, I do not find this case fit to grant anticipatory bail to him. Accordingly, the prayer for anticipatory bail of the petitioner no.1- Manoj Kumar Mandal, is hereby, rejected.
(Gautam Kumar Choudhary, J.) Anit