IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No.3578 of 2024
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Md Idrish .... .... …. Petitioner
Versus
The State of Jharkhand .... .... ....Opposite Party
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Coram: HON’BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA
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For the Petitioner : Mr. Haider Ali, Advocate
For the State : Mr. Shailesh Kr. Sinha, Addl.P.P
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Order No.02 Dated- 31.05.2024
Heard learned counsel for the parties.
2. Apprehending his arrest in connection with Simariya P.S. Case
No. 08 of 2024 instituted under Sections 379, 411, 414 of the Indian
Penal Code, Sections 4 and 21 of Jharkhand Mines and Minerals
Regulation Act, 2004 Rule 54 of JMMC Rule, 2004 and Rules 7, 9 and
13 of JM(PIMTS) Rule, 2017the petitioner has moved this Court for
grant of privilege of anticipatory bail.
3. As per FIR, allegation is that the petitioner being driver of the
tractor bearing Reg. No.JH-13H-9244 was found indulged in illegal
transportation of 100 cft of sand without any valid documents.
4. Learned counsel for the petitioner has submitted that the
petitioner is innocent and has committed no offence at all rather he
has been falsely implicated in this case. Nothing has been recovered
from the possession of petitioner and he has no criminal antecedents.
Other co-accused with similar allegation has already been extended
the privilege of anticipatory bail by the Co-ordinate Bench of this
Court vide order dated 24.05.2024 passed in A.B.A. No.3401 of 2024.
Petitioner undertakes to co-operate with the investigation of the case.
Hence, the petitioner may be extended the privilege of anticipatory
bail.
5. Learned Addl.P.P appearing for the State opposes the prayer
for anticipatory bail of the petitioner.
6. Considering the facts and circumstances of this case, the
nature of allegation against petitioner coupled with materials
available on record, I am inclined to extend privilege of anticipatory
bail to the petitioner. Accordingly, the petitioner is directed to
surrender before the Court below within four weeks from today and
in the event of his arrest or surrendering, he will be enlarged on bail
on furnishing bail bond of Rs.25,000/- (Twenty five thousand) with
two sureties of the like amount each to the satisfaction of learned
ACJM, Chatra in connection with Simariya P.S. Case No. 08 of 2024
with the condition that he will co-operate with the investigation of
the case and appear before the investigating officer as and when
noticed by him and furnish his mobile number and photocopy of
the Aadhar Card with an undertaking that he will not change his
mobile number during the pendency of the case and subject to the
conditions as laid down under Section 438(2) of the Code of Criminal
Procedure.
(Pradeep Kumar Srivastava, J.)
Pappu/