A.B.A./9086/2023 of SERAJ KHAN Vs THE STATE OF JHARKHAND on 22 December 2023

IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No.9086 of 2023

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Seraj Khan .... .... …. 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. Kripa Shankar Nanda, Advocate For the State : Mr. S.P. Jha, Addl.P.P

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Order No.05 Dated- 22.12.2023

Heard learned counsel for the parties.

2. Apprehending his arrest in connection with Sisai P.S. Case No. 135 of 2022 instituted under Sections 379/411 of the Indian Penal Code and Section 21 MMDR Act, 1957, Rule 54 Jharkhand Minor Mineral Concession Rules, 2004 and Rules 13 of Jharkhand Mineral (Prevention of Illegal Mining Transportation and Storage) Rule, 2017, the petitioner has moved this Court for grant of privilege of anticipatory bail.

3. As per F.I.R., a raid was conducted by the Circle Officer, Sisai along with police personnel about the illegal storage of sand about 36,000 cft which was found stored near Koyal river. It was disclosed by the local villagers that the said sand was illegally stored by the present petitioner, for the purpose of illegal trade.

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 on the basis confessional statement of co-accused person. Other named co-accused withsimilar allegation has already been extended privilege of anticipatorybail by this Court vide order dated 16.06.2023 passed in A.B.A.No.1954 of 2023. It is further submitted that petitioner undertakes to co-operate with the investigation of the case and will not indulge in tampering with prosecution evidence and will abide by all terms and conditions imposed by this Court in the matter of granting anticipatory bail. Hence, it is submitted that 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.

Pappu/

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.20,000/- (Twenty thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Gumla in connection with Sisai P.S. Case No. 135 of 2022 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 numbers and photocopy of the Aadhar Cards with an undertaking that he will not change his mobile numbers 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.)