A.B.A./9577/2021 of SUNIL KUMAR MARANDI Vs THE STATE OF JHARKHAND on 23 December 2021

IN THE HIGH COURT OF JHARKHAND AT RANCHIA.B.A. No. 9577 of 2021

------

Sunil Kumar Marandi… Petitioner Versus The State of Jharkhand … Opposite Party

------

CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

------

For the Petitioner : Mr. Rajesh Kumar, Advocate For the State : Mr. P.D. Agrawal, Spl. P.P.

------

Order No.02 Dated- 23.12.2021

Heard the parties.

Learned counsel for the petitioner personally undertakes to remove the defects as pointed out by the stamp reporter within two weeks.

In view of the personal undertaking of the learned counsel for the petitioner, the defects pointed out by the stamp reporter are ignored for the present.

Apprehending his arrest in connection with Bermo P.S. Case No.04 of 2021 corresponding to G.R. No.74 of 2021 instituted under Section 414 of the Indian Penal Code and Section 30 of the Coal Mines (Nationalization Act), the petitioner has moved this Court for grant of privileges of anticipatory bail.

Learned counsel appearing for the petitioner submits that the allegation against the petitioner is that the petitioner is the owner cum driver of the motorcycle which was used for illegal transportation of illegally extracted coal. It is submitted that the allegation against the petitioner is false. Drawing attention of this Court towards para-11 of the instant bail application, learned counsel for the petitioner submits that the petitioner has no criminal antecedent. It is lastly submitted that the petitioner is ready and willing to co-operate with the investigation of the case and to furnish sufficient security including cash security. It is lastly submitted that the co-accused person has already been given the privilege of anticipatory bail by this Court vide order dated 05.07.2021 in A.B.A. No.4124 of 2021. Hence, it is submitted that the petitioner be given the privileges of anticipatory bail.

Learned Spl. P.P appearing for the State opposes the prayer for anticipatory bail of the petitioner.

Considering the submissions of learned counsels and the facts and circumstances stated above, I am inclined to grant privileges of anticipatory bail to the petitioner. Accordingly, the petitioner is directed to surrender in the Court of learned S.D.J.M., Bermo at Tenughat within six weeks from today and in the event of his arrest or surrendering, he will be enlarged on bail on depositing Rs.2,000/-(Rupees two thousand) as cash security and on furnishing bail bond of Rs.25,000/- (Twenty five thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Bermo at Tenughat in connection with Bermo P.S. Case No.04 of 2021 corresponding to G.R. No.74 of 2021 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 further conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Sonu/Gunjan-

.(Anil Kumar Choudhary, J)