Jharkhand High Court
Mahtab Ahmad vs The State Of Jharkhand ...... Opposite ... on 4 April, 2018
Author: Anant Bijay Singh
Bench: Anant Bijay Singh
IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No. 1376 of 2018
1. Mahtab Ahmad
2. Md. Edrish Ansari @ Md. Idrish Ansari
3. Satendra Dubey @ Satendra Kumar Dubey @ Satyendra Kumar
Dubey
4. Daya Shankar Yadav ...... Petitioners
Versus
The State of Jharkhand ...... Opposite Party
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CORAM: HON'BLE MR. JUSTICE ANANT BIJAY SINGH
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For the Petitioners : Mr. P.C. Sinha, Advocate
For the State : A.P.P
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03/Dated: 04/04/2018
Heard learned counsel for the petitioners and learned counsel for the State.
Petitioners are apprehending their arrest in connection with the case registered under Sections 175, 379, 411, 414, 420, 406, 120B/34 of the Indian Penal Code, Section 4, 54 of the Jharkhand Minor Mineral Concession Rules, 2004, Rules 3,8,9 of the Jharkhand Minor Mineral Sales Rules, Section 21(A), 21(1), 21(6), 22 of the Jharkhand Mineral Dealer Rules, 2007.
Learned counsel for the petitioners has submitted that petitioners have been falsely implicated in this case. It is also submitted that petitioner Nos. 1 is owner and petitioner No.2 is driver of the Truck No. UP51AT4174 and petitioner Nos. 3 and 4 are the driver and owner of Truck No. UP60T2412.
Learned A.P.P has opposed the prayer for bail.
In the fact and circumstances of the case, the above named petitioners are directed to surrender in the Court below within four weeks and in the event of their arrest or surrender the Court below shall enlarge the above named petitioners on bail on furnishing bail bonds of Rs. 15,000/- (Rupees fifteen thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Giridih in connection with Saria P.S. Case No. 163 of 2017 corresponding to G.R. No. 3725 of 2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C, and subject to the condition that on the date of surrender petitioner Nos. 1 and 4, namely, Mahtab Ahmad and Daya Shankar Yadav shall deposit Rs. 15,000/- each (total Rs. 30,000/-) in the trial Court. The aforesaid deposition is subject to the result of the case and subject to the further conditions as follows:-
1. On the date of surrender all the petitioners will file an affidavit duly sworn by pairvikar respectively given undertaking that they will cooperate in the investigation of this case and whenever I.O shall direct to remain physically present before him for getting their statement recorded.
2. On the date of surrender petitioners shall deposit the xerox copy of Adhar card and cell number before the Court below
3. If the I.O desires to get their statement of the petitioners record, the I.O is directed to file proper application before the trial Court through learned A.P.P and the trial Court shall release the cell number of these petitioners to the I.O. of this case.
4. Further, if the I.O desires to record the statement of these petitioners he shall give 72 hours notice by fixing the date, time and place and the petitioners will appear before the I.O. to get their statement be recorded. If these petitioners fail to appear as and when required by the I.O, It shall be open to I.O to file an application for cancellation of bail of these petitioners through A.P.P..
Let a copy of the order be communicated to the court below and also handed over to learned A.P.P. for transmission of the I.O.
(Anant Bijay Singh, J.) Satayendra/