Jharkhand High Court
Chandan Kisku vs State Of Jharkhand. .. ... ...Opp. ... on 27 September, 2022
Author: Gautam Kumar Choudhary
Bench: Gautam Kumar Choudhary
IN THE HIGH COURT OF JHARKHAND AT RANCHI
A. B. A. No. 7328 of 2022
Chandan Kisku . .... .. ... Petitioner(s)
Versus
State of Jharkhand. .. ... ...Opp. Party(s)
...........
CORAM : HON'BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY .........
For the Petitioner : Mr. Asadul Haque, Advocate
For the State : Ms. Ruby Pandey, APP
......
04/ 27.09.2022. Apprehending his arrest, petitioner above-named has moved this Court for grant of anticipatory bail in connection with Pakur (Muffasil) P.S. Case No.128 of 2022 registered for the offence under Sections 467, 468, 420/34 of the Indian Penal Code, under Rule 54 of Jharkhand Minor Minerals Concessions Rules, 2004 (as amended), 1957 and under Rules 9 /13 of the Jharkhand Minerals (Prevention of Illegal Mining, Transportation and Storage) Act, 2017 under Section 4(1)(a), 21 of the MMDR Act.
Heard the parties.
It is submitted by learned counsel appearing on behalf of the petitioner that petitioner is the owner of Truck bearing Registration No.NL01AC / 8245 and it is alleged that it was transporting 650 CFT stone chips on the basis of forged challan.
It is further submitted that the owner has got no control over the driver who was driving the vehicle.
It is further submitted that the petitioner has no criminal antecedent. Learned APP for the State has opposed the prayer.
Considering the submissions of learned counsel and the fact as discussed above, the anticipatory bail application is allowed. Hence, in the event of his arrest or surrender within a period of two weeks from the date of this order, the petitioner named above shall be released on bail on Security Deposit of Rs.50,000/- and on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Court below, subject to the conditions laid down under Section 438(2) Cr. P.C. The petitioner will co-operate in the investigation and will appear on notice under Section 41 A of Cr.P.C. and shall comply with the condition as laid down under Section 438(2) of the Cr.P.C.
(Gautam Kumar Choudhary, J.) Sandeep/