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High Court of Jharkhand · body

2025 DAILYLAW 29754 (JHR)

SHANKAR SAW v. THE STATE OF JHARKHAND

A.B.A./7875/2024 · 2025-01-07

Anil Kumar Choudhary

body2025

Judgment text

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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 7875 of 2024 ------ 1. Shankar Saw 2. Ravindra Kumar … Petitioners Versus The State of Jharkhand … Opposite Party ------ CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioners : Mr. Lalit Yadav, Advocate : Mr. Manish Yadav, Advocate For the State : Mrs. Ruby Pandey, Addl. P.P. ------ Order No.04 Dated- 07.01.2025 Heard the parties. Apprehending their arrest, the petitioners have moved this Court for grant of privilege of anticipatory bail in connection with Bashishtha Nagar P.S. Case No.30 of 2024 registered under sections 379/34 of the Indian Penal Code, Section 4/21 of MMDR Act and Rule 4/54 of JMMC Rules. The Learned counsel for the petitioners submits that the allegation against the petitioners is that the petitioner no.1 is the owner and the petitioner no.2 is the driver of the tractor which was seized by police for transporting illegally excavated sand. It is further submitted that the allegations against the petitioners are all false. It is next submitted that the petitioners have no criminal antecedent as has been mentioned in paragraph no. 9 of the anticipatory bail application. It is then submitted that the petitioners undertake to furnish sufficient security including cash security and also undertake to cooperate with the investigation of the case. Hence, it is submitted that the petitioners be given the privilege of anticipatory bail. Learned Addl. P.P. opposes the prayer for grant of anticipatory bail. Considering the submissions of the counsels and the fact as discussed above, I am of the opinion that it is a fit case where the above named petitioners be given the privilege of anticipatory bail. Hence, in the event of their arrest or surrender within a period of six weeks from the date of this order, they shall be released on bail on depositing cash security of Rs.5,000/- each and on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned C.J.M., Chatra, in connection with Bashishtha Nagar P.S. Case No.30 of 2024 with the condition that the petitioners will cooperate with the investigation of the case and appear before the Investigating Officer as and when noticed by him and will furnish their mobile numbers and a copy of their Aadhar Cards in the court below with the undertaking that they will not change their mobile numbers during the pendency of the case subject to the conditions laid down under Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. (Anil Kumar Choudhary, J.) Sonu/Gunjan-