IN THE HIGH COURT OF JHARKHAND AT RANCHI
                          A.B.A. No. 2355 of 2015
             Suresh Khemani son of late Babulal Khemani, resident of Jaraikela,
             P.O. & P.S. Birsa, District Sundargarh (Orissa).
                                                      ....         Petitioner
                                    Versus
             The State of Jharkhand                   ....         Opp. Party
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             CORAM:        HON'BLE MR. JUSTICE RAVI NATH VERMA
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             For the Petitioner : Mr. Vishal Kumar Tiwari, Advocate
             For the State       : A.P.P.
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02/29.02.2016

: Apprehending his arrest in connection with Jaraikela P.S. Case No.8 of 2013, instituted under Section 379/411 of the Indian Penal Code and Section 4/21 of the Mines and Minerals (Development and Regulation) Act, 19578 as well as Section 37 of the Air Pollution Act, the sole petitioner-Suresh Khemani has moved this Court for grant of anticipatory bail.

Heard learned counsel appearing for the petitioner as well as learned counsel appearing for the State.

The prosecution case relates to seizure of two Tractors bearing registration Nos.OR-01D-1303 and OR-16B-7748 loaded with boulders.

Learned counsel appearing for the petitioner submits that the petitioner has been falsely implicated in this case and he has wrongly been shown as owner of the Tractors, which would appear from the fact that the owners of the Tractors, Agarpit Kerketta and Balbhadra Mahato had moved before the court below for grant of bail being the owners of the two tractors and they have already been granted regular bail vide order dated 20.08.2014 passed in B.P. No.290 of 2014. Learned counsel further submitted that the owner of the crusher machine has also been granted bail.

Learned counsel, representing the State, opposed the prayer, relying upon the different paragraphs of the case diary and submitted that this petitioner was running two Tractors in terms of the agreement.

Considering the submissions of the counsels and the fact that no such agreement has been brought on record, I am inclined to grant anticipatory bail to the sole petitioner. Hence, in the event of his arrest or surrender within a period of two weeks from the date of this order, he shall be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand ) with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Porahat at Chaibasa, in connection with Jaraikela P. S. Case No. 8 of 2013 , corresponding to G.R. No.379 of 2013, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Ravi Nath Verma, J.) Ravi/