IN THE HIGH COURT OF JHARKHAND AT RANCHI

                        A.B.A. No. 1610 of 2019
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Munna Baraik @ Navin Kumar ... Petitioner Versus The State of Jharkhand ... Opposite Party

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CORAM: HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

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       For the Petitioner      : Mr. R.K. Gupta, Advocate
       For the State           : Addl. P.P.
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       Order No.04 Dated- 23.04.2019

Apprehending his arrest, the petitioner has moved this Court for grant of privilege of anticipatory bail in connection with Sikidiri P.S. Case No.11 of 2017 (G.R. No. 1206 of 2017) registered under sections 379 of the Indian Penal Code and under section 21(1), 21(6) of the Mines Minerals Concession Rules, 2004 and section 54 of Jharkhand Minerals Dealers Rules and under section 21(A)/37 of the Air Prevention and Control of Pollution Act.

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 he along with the co-accused persons were involved in running illegal crusher and storage of huge quantity of stones, stone chips etc. It is further submitted that the allegation against the petitioner are all false and the crusher machine of the petitioner was closed since long. It is then submitted by the learned counsel for the petitioner that the petitioner has been implicated in this case on the basis of suspicion only. It is next submitted that the petitioner is ready and willing to deposit Rs.32,000/- with the informant-Assistant Mining Officer, Ranchi subject to final decision of the case and undertakes to cooperate with the investigation of the case. It is lastly submitted that the co-accused persons whose case stands on the similar footing has already been given the privilege of anticipatory bail by a coordinate Bench of this Court vide order dated 28.08.2018 in A.B.A. No.4920 of 2018, vide order dated 04.10.2018 in A.B.A. No.6033 of 2018 and vide order dated 04.01.2019 in A.B.A. No.6304 of 2018. 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 showing the proof of deposit of Rs.32,000/- with the informant- Assistant Mining Officer, Ranchi 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 Judicial Magistrate, Ranchi, in connection with Sikidiri P.S. Case No.11 of 2017 (G.R. No. 1206 of 2017) 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.) Sonu/Gunjan-