Md. Mukhtar vs State Of Jharkhand

Heard, learned counsel for the petitioner, Mr. Raja Ravi Shekhar Singh.

Learned counsel for the petitioner has submitted that defect nos. 4, 5(e) and 9 (i) to (iv), as per Stamp Reporting dated 25.08.2020, have not been removed, which he undertakes to remove within 30 days after the physical court starts and the bail application may be heard, as it is a regular bail application of the petitioner, who is in custody since 09.06.2020.

Considering the same, this Court is inclined to hear the instant bail application on merits, but with condition that petitioner shall remove the defect(s) within 30 days after the physical court starts.

Joint Registrar (Judicial) is directed to ensure the compliance of this order after the physical court starts so as to remove the defect(s).

Learned counsel for the petitioner has submitted that the petitioner has prayed for grant of regular bail in connection with Mirzachowki P.S. Case No. 41/2020 for the offence registered under Sections 379, 414, 467, 468, 471 I.P.C. and Section 54 of the Jharkhand Minor Mineral Concession Rules, 2004 as Sub Divisional Officer of the District Mining Office, Sahibganj has found 139 Mining Challans used by Owner and Driver of various vehicles to be fake.

Learned counsel for the petitioner has submitted that petitioner is neither the owner nor the driver of any of 139 truck vehicles, rather he has no role in manufacturing of mining challans. However, under duress, laptop with charger has been alleged to have been seized from his possession, though there is no material to connect that this laptop used in manufacturing of fake mining challans.

Learned counsel for the petitioner has further submitted that cash of Rs.38,500/- and Pulsar Motorcycle belongs to the petitioner, which is not an illegal article, have been recovered, as such, petitioner, who has no criminal antecedent and is in custody since 09.06.2020, may be enlarged on bail.

Learned counsel for the State, Mr. Navin Kumar Singh, Additional Public Prosecutor has opposed the prayer for bail and has submitted that involvement of this petitioner has been found, who has been arrested by the police.

After hearing learned counsel for the parties and on the basis of materials placed before the Court, since there is no material to connect the petitioner with the fake mining challans, as such, the petitioner is directed to be released on bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each in connection with Mirzachowki P.S. Case No. 41/2020 to the satisfaction of learned Sub Divisional Judicial Magistrate, Sahibganj on the following conditions:

(i) One of the bailors shall be the deponent / parivikar of the present case namely, Tamatar Noniya, son of Lakshman Nonia, resident of Babupur, Tinpahar R.S. P.O. & P.S. - Tinpahar, District - Sahibganj, who has furnished his photocopy of UID Card bearing number 6129 7902 2604 before this Court in the bail application.

Office is directed to send the photocopy of UID Card bearing no. 6129 7902 2604 of deponent alongwith this order to the court below so as to verify the authenticity of the bailor.

(ii) Another bailor shall be close relative of the petitioner i.e. father / mother / son / wife / brother.

(iii) Petitioner shall appear before the learned trial court on each and every date fixed for his appearance, failing which the trial court shall cancel the bail bonds of the petitioner.

(iv) The Jail Authority shall release the petitioner only after his medical check-up.

(v) The Civil Surgeon, Sahibganj is directed to medically examine the petitioner at the time of his release and if he is infected with corona virus, he shall be taken for quarantine, but if no such requirement is there, he shall be released forthwith, if not wanted in any other case.

(vi) The petitioner shall follow all the guidelines issued by the Government to meet the challenges of Covid-19, as presently Country is passing through pandemic of Covid-19.

However, State is at liberty to file an application for cancellation of bail of the petitioner if any material collected with regard to manufacturing of mining challan by this petitioner.

Accordingly, the instant bail application is allowed.