Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF JHARKHAND AT RANCHI ABA No. 8108 of 2024
1. Dinesh Kumar, aged about 30 years, son of Charka Mahto, resident of Sumu Rakhot, P.O.- Sarle, P.S -Burmu Dist-Ranchi.
2. Shivcharan Mahto @ ShivCham Mahto, Aged about 40 Years, S/O-Mahaveer Mahto, R/O Village- Kirigara, P.O+P.S., Keredari, Dist-Hazaribagh
… Petitioners
Versus
The State of Jharkhand … Opp. Party
Coram: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
For the Petitioner : Mr. Rahul Ranjan , Adv. For the State : Mr. P.D. Agralwal, Spl..PP
02 / 16.01.2025
Heard the parties.
Learned counsel for the petitioners submits that he does not press anticipatory bail application in respect of petitioner no. 1- Dinesh Kumar. Accordingly, anticipatory bail application in respect of petitioner no. 1- Dinesh Kumar stands rejected as not pressed. So far as the petitioner no. 2- Shivcharan Mahto @ Shiv Charan Mahto is concerned, the petitioner no. 2 has moved this Court, apprehending his arrest, for grant of privilege of anticipatory bail in connection with Budmu P.S. Case No. 52 of 2024 registered under Sections 317(5) of the BNS, Rule 54 of Jharkhand Minor Minerals Concession Rules 2004, Section 4(1) (A)/21 of Mines and Minerals (Development & Regulation) Act, 1957 and Rule 9/13 of Jharkhand Minerals (Prevention of Illegal Mining, Transportation and Storage) Rules, 2017.
Learned counsel appearing for the petitioner submits that the allegation against the petitioner no. 2 is that the petitioner no. 2 is the driver of the tractor, which was seized by police while transporting the illegally excavated sand. It is then submitted that the allegations against the
petitioner no. 2 are all false. It is further submitted by
learned counsel for the petitioner that the petitioner no. 2 has no criminal antecedent, as mentioned in paragraph 14 of the anticipatory bail application. It is next submitted that the petitioner no. 2 is ready to co-operate with the investigation of the case and also undertakes to furnish sufficient security including cash security hence, the petitioner no. 2 be given the privilege of anticipatory bail. The learned Spl. PP opposes the prayer for anticipatory bail of the petitioner no. 2 . Considering aforesaid facts and circumstances of the case, I am inclined to grant the privilege of anticipatory bail to the petitioner no. 2. 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 no. 2 shall be released on bail on depositing Rs. 5,000/- 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 JM, Ranchi in connection with Budmu P.S. Case No. 52 of 2024 subject to the condition that the petitioner no. 2 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 482 (2) of BNSS, 2023.
(ANIL KUMAR CHOUDHARY, J.) Smita/-