Anwar Hussain vs State of Jharkhand

Heard the parties through video conferencing. Apprehending his arrest, the petitioner has moved this Court for grant of privilege of anticipatory bail in connection with Pakuria P.S. Case No.48 of 2020 registered under sections 379/ 411/34 of the Indian Penal Code, Section 26/42 of Indian Forest Act and under Section 18 of Jharkhand Forest Product (Regulation of Transportation) Rule, 2020.

The Learned counsel for the petitioner submits that the allegation against the petitioner is that the petitioner is the owner of poclain machine which was involved in illegal mining from forest area. It is further submitted that the allegations against the petitioner are all false and the petitioner has no knowledge about his vehicle being involved in any illegal activity. It is next submitted that the petitioner has no criminal antecedent as has been mentioned in paragraph no. 16 of the anticipatory bail application. 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 three months from the date of this order, he shall be released on bail on depositing cash security of 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, Pakur, in connection with Pakuria P.S. Case No.48 of 2020 with the condition that he will co-operate 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 and subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.