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2025 DAILYLAW 9446 (JHR)

BAMDANI SINGH v. THE STATE OF JHARKHAND

A.B.A./2120/2024 · 2025-01-30

Anil Kumar Choudhary

body2025

Judgment text

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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 2120 of 2024 ------ Bamdani Singh, aged about 67 years, s/o Bhumi Singh @ Buldani Singh, r/o At Ward No. 03, Rajdham, P.O. & P.S.- Maheshkhunt, Dist.-Khagaria (Bihar) … Petitioner Versus The State of Jharkhand … Opposite Party ------ CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioner : Mr. Santosh Kr. Jha, Advocate For the State : Mr. P.K. Chatterjee, Spl. P.P. ------ Order No.05 Dated- 30.01.2025 Heard the parties. Apprehending his arrest, the petitioner has moved this Court for grant of privilege of anticipatory bail in connection with Ranga P.S. Case No.85 of 2022 registered under sections 175/379 of the Indian Penal Code Section 21(A)/21(6) of MMDR Act, Rule 4/54 of JMMC Rules and under Rule 7/9 of the Jharkhand Minerals (Prevention of Illegal Mining, Transportation and Storage) Rule, 2017. The Learned counsel for the petitioner submits that the allegation against the petitioner is that the petitioner is the owner of the truck which was seized by police for transporting illegally extracted stone chips. It is further submitted that the allegations against the petitioner are all false and the petitioner has no knowledge about his vehicle being involved in any illegal activity. It is next submitted that the petitioner has no criminal antecedent as has been mentioned in paragraph no. 18 of the anticipatory bail application. It is then submitted that the petitioner undertakes to furnish sufficient security including cash security and also undertakes to cooperate with the investigation of the case. Hence, it is submitted that the petitioner be given the privilege of anticipatory bail. Learned Spl. 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 abovenamed petitioner be given the privilege of anticipatory bail. Hence, in the event of his arrest or surrender within a period of six weeks from the date of this order, he shall be released on bail on depositing cash security of Rs.10,000/- 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 A.C.J.M., Rajmahal, in connection with Ranga P.S. Case No.85 of 2022 with the condition that the petitioner will cooperate with the investigation of the case and appear before the Investigating Officer as and when noticed by him and will furnish his mobile number and a copy of his Aadhar Card in the court below with the undertaking that he will not change his mobile number during the pendency of the case subject to the conditions laid down under Section 438 (2) of the Cr.P.C. (Anil Kumar Choudhary, J.) Sonu/Gunjan-