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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B. A. No. 6033 of 2018 Janardan Mahto ...... Petitioner Versus The State of Jharkhand ...... Opposite Party CORAM: HON'BLE MR. JUSTICE ANANT BIJAY SINGH ---------
For the Petitioner :Mr. K.S. Nanda, Advocate For the State :A.P.P ...........
02/Dated: 04/10/2018 Petitioner is apprehending his arrest in connection with Sikidiri P.S. Case No. 11 of 2017 corresponding to G.R. No. 1206 of 2017 for the offence under sections 379 of the Indian Penal Code and under section 21(1)/21(6) of Mines and Minerals (Development and Regulation) Act 1957 and Section 4 Jharkhand Minor Minerals Concessions Rule, 2004, 54 of Jharkhand Minerals Development, 21(A), 37 of Prevention of Control of Air Pollution Act.
Learned counsel for the petitioner has submitted that earlier the petitioner was the owner of one of the crusher but same has been closed due to non grant of licence and environment clearance sicne long but the informant and his team has raided the same. Further, it has been submitted that one of the co-accused person of this case namely, Zakir Khan has already been granted anticipatory bail by this Court in A.B.A. No. 4920 of 2018.
Learned A.P.P opposed the prayer for anticipatory bail. In the facts and circumstances of the case, I am inclined to grant anticipatory bail to the petitioner on the following grounds:
(i) The petitioner is directed to deposit Rs. 32,000/- in the trial court on the date of his surrender and the said deposition of amount by the petitioner will be subject to result of the case and will not affect the case of the petitioner during trial.
(ii) The petitioner will file undertaking on the date of his surrender duly sworn by pairvikar before the trial court that he will co-operate with the investigation and he will join the investigation as and when required.
(iii) On the date of his furnishing bail bond, the petitioner will furnish his cell number and xerox copy of Aadhar card before the trial court.
(iv) If the I.O wants to get the statement of the petitioner recorded, the I.O will file application before the trial court through learned A.P.P thereafter trial court will supply the cell number of the petitioner to the I.O, thereafter I.O will record the statement of the petitioner after giving 72 hours' notice fixing date, time and place to the petitioner and on the date fixed, the petitioner will appear before the Investigating Officer.
(v) If the petitioner fails to do so, it is open to the I.O to file application for cancellation of bail of the petitioner before this court through learned A.P.P Accordingly, the above named petitioner is directed to surrender in the Court below within four weeks from the date of this order and in the event of his arrest or surrender the Court below shall enlarge the above named petitioner on bail on furnishing bail bond of Rs. 25,000/- (Rupees twenty five thousand)with two sureties of the like amount each to the satisfaction of the court of Shri R.K. Singh, learned J.M at Ranchi in connection with Sikidiri P.S. Case No. 11 of 2017 corresponding to G.R. No. 1206 of 2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
Let a copy of this order be communicated to the concerned court through FAX and a copy of this order be handed over to the learned A.P.P for its transmission to the I.O.
Satyarthi/- (Anant Bijay Singh, J.)