Shahab Akbar And Ors vs State of Jharkhand

Defects as pointed out by the office are, hereby, ignored.

Heard learned counsel for the petitioners and learned counsel for the State.

The present anticipatory bail application has been filed for apprehending the arrest of the petitioner in connection with Barkagaon P.S. Case No.200 of

2020, registered for the offence under Sections 414 and 34 of the Indian Penal Code and under Section 30(ii) of the Coal Mines Act and under Section

54 of the J.M.M.C. Rule.

Learned counsel for the petitioners has submitted that a J.C.B. was in idle condition and it was not seized from the place of mining. The petitioner no.1

is the owner and petitioner no.2 is the driver of the seized J.C.B. machine. It has further been submitted that the petitioners have been made accused

in this case on the basis of suspicion.

Counsel for the State has opposed the prayer for bail. Considering the nature of allegation and material available on record, the petitioners are granted

privilege of anticipatory bail. Hence, in the event of their arrest or surrender within a period of four weeks from the date of this order, they shall be

released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of

learned S.D.J.M., Hazaribag, in connection with Barkagaon P.S. Case No.200 of 2020, subject to the conditions as laid down under section 438 (2)

Cr. P.C. and also on the following conditions: (i) The petitioners shall show proof of payment of Rs. 15,000/- (Fifteen Thousand) in favour of the

Advocate Clerks' Association, Jharkhand High Court, Ranchi, before the learned court below. (ii) The petitioners will submit self-attested photocopy

of his Aadhar Cards and also submit their mobile numbers before the learned court below which they will always keep active and will not change it

during pendency of this case without prior permission of the court.