IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No. 2773 of 2024
Shubham Kumar Singh, Aged about 29 years, Son of late Deokumar Singh,
Resident of at Quarter No. D.T. 693, Dame Side, H.E.C. Dhurwa, P.O. & P.S.-
Dhurwa, District- Ranchi, Jharkhand
.. Petitioner
…
Versus
The State of Jharkhand ..... Opposite Party
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ARUN KUMAR RAI
CORAM: HON’BLE MR. JUSTICE
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For the Petitioner : Mr. Baleshwar Yadav, Advocate
For the State : Ms. Anuradha Sahay, APP
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th
06/ Dated: 30 September 2024
The petitioner is apprehending his arrest in connection with Jariyagarh
P.S. Case No. 45 of 2023, for the alleged offences under Section 414/353 of
the Indian Penal Code, Section 4/21 of the Mines and Minerals (Development
and Regulation) Act, 1957, Rule-54 of Jharkhand Minor Mineral Concession
Rules, 2004, and Rule 7/9/13 of the Jharkhand Minerals (Prevention of Illegal
Mining Transportation and Storage) Rules, 2017, pending in the court of
learned Chief Judicial Magistrate, Khunti.
2. Learned counsel for the petitioner pointed out that in the present case
there is seizure list which shows that only vehicle has been seized. He further
pointed out that other similarly situated co-accused person has already been
admitted to anticipatory bail by Co-ordinate Bench of this Court vide order
dated 19.03.2024 in A.B.A. No. 770 of 2024 who was also owner of the
seized Hywa. Upon aforesaid premise, prayer for anticipatory bail has been
made.
3. Learned APP appearing for the State has opposed the prayer for
anticipatory bail and pointed out that petitioner has not complied notice issued
under Section 41 (A) Cr. P.C.
4. Heard learned counsel for the parties and perused the record.
Perusal of record transpires that owner of one of the seized Hywa has
already been admitted anticipatory bail by Co-ordinate Bench of this Court
vide order dated 19.03.2024 in A.B.A. No. 770 of 2024. Petitioner is stated
that to be owner of the seized Hywa having registration No. JH01CS-2232.
5. Considering the totality of the aforesaid facts and circumstances of the
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case, this Court do find it fit case to grant anticipatory bail to the petitioner.
Accordingly, petitioner, above named, is directed to surrender before the
learned court below within four weeks from the date of receipt of a copy of
this order and the learned court below on his surrender, shall release him on
bail on furnishing bail bonds of Rs. 25,000/- (Rupees twenty five thousand)
with two sureties of the like amount each, to the satisfaction of learned Chief
Judicial Magistrate, Khunti, in connection with Jariyagarh P.S. Case No. 45 of
2023, subject to the conditions as laid down under section 438(2) of the Code
of Criminal Procedure.
(Arun Kumar Rai, J.)
Pramanik/
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