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2025 DAILYLAW 17607 (JHR)

MD. HAFIJUR RAHMAN v. THE STATE OF JHARKHAND

A.B.A./4138/2024 · 2025-02-25

Anil Kumar Choudhary

body2025

Judgment text

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IN THE HIGH COURT OF JHARKHAND AT RANCHI ABA No. 4138 of 2024 Md. Hafijur Rahman @ Md. Hafijur Rahamanal, aged about 45 years, son of Md. Ajimuddin @ Azim sk. , resident of village- Kaliganj, Nadia, Baranilpur, P.O. & P.S.- Sripally, Dist. – burdwan, (W.B.) … Petitioner Versus The State of Jharkhand … opp. party Coram: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY For the Petitioner : Mr. Md. Asadul Haque , Adv. Mr. Faruq Ansari, Adv. For the State : Mr. Sunil Kr. Dubey , Addl. PP 08 / 25.02.2025 Heard the parties. Apprehending his arrest, the petitioner has moved this Court for grant of privilege of anticipatory bail in connection with Maheshpur P.S. Case No. 233 of 2022 registered under Sections 414/34 of the Indian Penal Code, section 30 of Coal mines (Nationalization) Act, 1973 and Section 33 of the Indian Forest Act. Learned counsel appearing for the petitioner submits that the allegation against the petitioner is that the petitioner is the owner of the truck, which was seized while transporting the illegally extracted coal of 35 quintals. It is then submitted that the allegations against the petitioner are all false. Drawing attention of the court to the declaration of sale made by the petitioner, it is further submitted by learned counsel for the petitioner that the truck has been sold by the petitioner to one Sukhen Mondal, son of Shantiram Mondal, village Rangtara, P.O.- Ghoshgram, P.S.- Mollarpur, Dist.- Birbhum, West Bengal though in the records of the district transport authority, the name of the vehicle is still recorded in the name of the petitioner. It is next submitted that the petitioner had no knowledge about the said truck having been involved in any illegal activity. It is next submitted that the petitioner has no criminal antecedent, as mentioned in paragraph 13 of the anticipatory bail application. It is next submitted that the petitioner is ready to co-operate with the investigation of the case and also undertakes to furnish sufficient security including cash security hence, the petitioner be given the privilege of anticipatory bail. The learned Addl. PP opposes the prayer for anticipatory bail of the petitioner. Considering aforesaid facts and circumstances of the case, I am inclined to grant the privilege of anticipatory bail to the petitioner. Hence, in the event of arrest by the police or surrender within a period of six weeks from the date of this order, the petitioner shall be released on bail on depositing Rs. 35,000/- as cash security 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 CJM, Pakur in connection with Maheshpur P.S. Case No. 233 of 2022 subject to the condition that the petitioner will co- operate with the Investigation of the case and will appear before the Investigating Officer as and when noticed by him and will submit mobile number and photocopy of Aadhaar card at the time of surrender in the court below with an undertaking not to change mobile phone number during the pendency of the case along with the other conditions laid down under section 438 (2) Cr. P.C.. (ANIL KUMAR CHOUDHARY, J.) Smita/-