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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 564 of 2020 ------
Md. Mozibur Rab ... Petitioner Versus The State of Jharkhand ... Opposite Party ------
CORAM: HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
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For the Petitioner : Mr. M.B. Lal, Advocate For the State : Mr. R.P. Singh, Addl. P.P. ------ Order No.04 Dated- 11.02.2020
Apprehending his arrest, the petitioner has moved this Court for grant of privilege of anticipatory bail in connection with Govindpur P.S. Case No.03 of 2020 registered under sections 414/34 of the Indian Penal Code, Section 4 (1) (A)/21 of M.M. (D&R) Act, 1957, Rule 4/54 of JMMC Rules, 2004, Rule 7/13 of Jharkhand Minerals (Prevention of Illegal Mining Transportation and Storage) Rules and Section 21 of Air Pollution Act, 1981.
Heard the learned counsel for the petitioner and learned Addl. P.P. for the State.
The Learned counsel for the petitioner submits that the allegation against the petitioner is that the petitioner was involved in illegal mining from closed mines by using JCB Machine. It is further submitted that the allegation against the petitioner are all false and the petitioner has been implicated in this case only on the basis of suspicion and the JCB Machine bearing registration no.JH10BL-5925 does not belong to the petitioner though it is alleged to has been used by the petitioner. It is then submitted that the petitioner is ready and willing to furnish sufficient security including cash security and undertakes to cooperate with the investigation of the case. Hence, it is submitted that the petitioner be given the privilege of anticipatory bail.
Learned Addl. P.P. opposes the prayer for grant of anticipatory bail.
Considering the submissions of the counsels and the fact as discussed above, I am of the opinion that it is a fit case where the above named petitioner be given the privilege of anticipatory bail. Hence, in the event of his arrest or surrender within a period of four weeks from the date of this order, he shall be released on bail on depositing cash security Rs.20,000/- and on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned J.M. 1st Class, Dhanbad, in connection with Govindpur P.S. Case No.03 of 2020 with the condition that the petitioner will cooperate with the investigation of the case and appear before the Investigating Officer as and when noticed by him and will furnish his mobile number and a copy of his Aadhar Card in the court below with the undertaking that he will not change his mobile number during the pendency of the case subject to the conditions laid down under section 438 (2) Cr. P.C.
(Anil Kumar Choudhary, J.) Gunjan-