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IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No. 5634 of 2016 1.
Jagarnath Sharma @ Jagannath Sharma
2.Mani Thakur ... ... Petitioners Versus The State of Jharkhand ... ... Opposite Party CORAM: HON'BLE MR. JUSTICE ANANDA SEN For the Petitioners : Mr. Rajesh Lala, Advocate For the State : A.P.P th 04/Dated: 17 August, 2016
1. The petitioners have been made an accused for the offence under Sections 304, 287, 109, 201, 34 of the Indian Penal Code and Section 33 (B) of the Indian Forest Act, Section 22 of The Mines Act, 1952, Section 21 of the Mines & Mineral (Development & Regulation) Act, 1957 and Section 21 of the Pollution Control Act, 1981, in connection with Koderma, P.S. Case No. 142 of 2015, corresponding to G.R. No. 858 of 2015.
2. The petitioners allegedly were conducting mining activities, illegally. As a result of the said activities, four persons died, as the surface of the mines collapsed.
3. Counsel for the petitioner submits that at best a case under Section 304 A of the I.P.C. is made out, which is bailable in nature and other offences are also bailable in nature. The petitioners are in custody since 30.05.2016.
4. Learned A.P.P. opposes the prayer for bail.
5. Regard being had to the facts that they are in custody since 30.05.2016, the petitioners are directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of like amount to the satisfaction of learned Chief Judicial Magistrate, Koderma, in connection with Koderma, P.S. Case No. 142 of 2015, corresponding to G.R. No. 858 of 2015.
(Ananda Sen, J.) Amar