High CourtsSingle Bench(2023) 11 JH CK 0051

Bhawesh Chandra Saha And Others vs State Of Jharkhand

Jharkhand High Court · Decided on 24 November 2023

HON’BLE JUDGES
Ambuj Nath, J
CASE NUMBER
A.B.A. No.7893 Of 2023

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Judgment

8 paragraphs · 239 words

Ambuj Nath, J

Heard the Parties.

Petitioners are apprehending their arrest in connection with Hiranpur P. S. Case No. 149/2022, registered under Section 379 of the Indian Penal Code and Rule 54 of the J.M.M.C. Rules 2004, pending in the Court of learned A.C.J.M., Pakur.

Anticipatory Bail application of the petitioners was earlier dismissed as withdrawn by this court vide A.B.A. No. 1516 of 2023. Now fresh anticipatory bail application has been filed on the ground that some of the accused persons have been granted bail and the case of the petitioners stands on similar footing.

While disposing of the anticipatory bail applications of the petitioners in A.B.A. No. 1516 of 2023, the owners of the vehicles which were seized by the informant loaded with illegal sand were granted anticipatory bail. During hearing of this bail application it was submitted that petitioners who were drivers of the vehicle were transporting the seized sand without consent of the owners. Thereafter, their anticipatory bail application was dismissed as withdrawn.

No fresh ground is made out for reconsideration for grant of anticipatory bail.

Regard being had to the facts and circumstance of the case; I am not inclined to extend the privilege of Anticipatory Bail to them. Accordingly, their prayer for anticipatory bail is hereby rejected.

The petitioners, if so, advised may surrender before the court below and the learned court below shall dispose of their bail application on the same day.