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Judgment
Ananda Sen, J.
This anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, has been preferred by the petitioner apprehending his arrest in connection with Hatgamharia P.S. Case No.18 of 2024, for offences under Sections 303(2), 317(2) and 3(5) of the Bharatiya Nyaya Sanhita, Sections 4/21 of MMDR Act and Rule 9 & 11 of Jharkhand Minerals (Prevention of Illegal Mining, Transportation and Storage), Rule, 2017. The case is presently pending before the Court of learned SDJM, Sadar, Chaibasa.
Learned A.P.P. representing the State opposes the prayer for anticipatory bail.
It is alleged that one truck was intercepted which was loaded with illegally mined iron ore.
Learned counsel representing the petitioner very fairly submits that notice under Section 41A Cr.P.C. has been issued and he will appear before the Investigating Officer, though he had earlier sent a reply by post.
Once a notice under Section 41A Cr.P.C. / 35(3) of the BNSS has been issued, the person has to appear in person before the Investigating Officer. There is no concept of sending a reply by mail or by post.
Since the petitioner submits that he has received notice under Section 41A Cr.P.C., I am of the opinion that there is no imminent threat of the petitioner being arrested.
However, the petitioner should cooperate with the investigation by appearing before the Investigating Officer.
With the aforesaid observation, this Anticipatory Bail Application stands disposed of.