IN THE HIGH COURT OF JHARKHAND AT RANCHI
                    A.B.A. No. 4109 of 2018
1.    Ajay Singh
2.    Subodh Gupta @ Subodh Kumar            ...... Petitioners
                        Versus
The State of Jharkhand                       ...... Opposite Party
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CORAM: HON'BLE MR. JUSTICE ANANT BIJAY SINGH

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For the Petitioners          : Mr. Awanish Shekhar, Advocate
For the State                : A.P.P
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04/Dated: 26/07/2018

The petitioners are apprehending their arrest in connection with Ormanjhi P.S. Case No. 54/2017, corresponding to G.R. No. 2497/2017, the case registered under Sections 379 of the Indian Penal Code, section 21(1),21(6) of Mines and Minerals (Development and Regulation ) Act, 1957 , section r of the JMMC Act, section 54 of JMMC, Rules, 2004 and section 3/21A,37 of the Prevention and Control of Air Pollution Act.

Heard learned counsel for the parties.

Learned counsel for the petitioner has submitted that petitioner are innocent and they have been falsely implicated in this case. Hence, petitioners deserve bail.

Learned A.P.P opposed the prayer for bail.

From perusal of the impugned order, it appears that 15000 cft. stone amounting to Rs.1,20,000/- and 12500 cft. Stone amounting to Rs.1,02,000/- seized from the possession of Ajay Singh and Subodh Gupta respectively.

Keeping in view the arguments advanced by the learned counsel for the parties and also considering the fact and circumstances of the case, the above named petitioners are directed to surrender in the Court below within Four Weeks from the date of this order and in the event of their arrest or surrender, the Court below shall enlarge the above named petitioners, on bail, on furnishing bail bond of Rs. 25,000/- (Rupees twenty-five thousand) each with two sureties of the like amount each to the satisfaction of CJM, Ranchi, in connection with Ormanjhi P.S. Case No. 54/2017, corresponding to G.R. No. 2497/2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C., and subject to the further conditions as follows :

1. Petitioner No. 1 - Ajay Singh shall deposit Rs.25,000/- ( Rs. Twenty five thousand ) and petitioner no.2-Subodh Gupta @ Subodh Kumar shall deposit Rs. 20,000/- (Rs. Twenty thousand) in the court below on or before his date of surrender and produce the receipt of deposition of the aforesaid amount before the trial court on the date of his surrender before the trial court.

2. The petitioners will file undertaking on the date of their surrender duly sworn by pairvikar before the trial court that he will co-operation with the investigation and they will join the investigation as and when required.

3. On the date of surrender, petitioners will furnish bail bonds alongwith his Cell Number and Xerox copy of Aadhar Card and the Passport before the trial court.

4. If I.O. wants to record the statement of the petitioners, he will file application in the court below through APP for release of the cell number and Xerox copy of Aadhar Card of the petitioners and after getting the same, he will give 72 hours' notice to the petitioners fixing date, time and place and, thereafter, petitioners will appear before him and get their statement be recorded.

5. If petitioners fail to do so, it will be open for the I.O. to file an application before this court through the Addl.P.P. for cancellation of bail bonds of the petitioners.

Let a copy of this order be communicated to the court below through FAX and also handed over to learned APP for transmission of the same to the I.O of this case.

( Anant Bijay Singh, J.) Raman/