AI Structured Summary
Not yet generated for this judgment
Judgment
Anil Kumar Choudhary, J
Heard the parties.
Apprehending their arrest, the petitioners have moved this Court for grant of privilege of anticipatory bail in connection with Koderma P.S. Case No.86 of 2023 registered under sections 379/411 of the Indian Penal Code, Rule 54 of JMMC Rule,2004 and Rule 13 of the Jharkhand Minerals (Prevention of Illegal Mining, Transportation and Storage) Rule, 2017.
The Learned counsel for the petitioners submits that the allegation against the petitioners is that the petitioner no.1 is the owner and the petitioner no.2 is the driver of the truck which was seized by police for transporting illegally extracted stone chips. It is further submitted that the allegations against the petitioners are all false. It is then submitted that the petitioners have no criminal antecedent as has been mentioned in para-10 of the instant anticipatory bail application. It is then submitted that the petitioners undertake to furnish sufficient security including cash security and also undertake to cooperate with the investigation of the case. Hence, it is submitted that the petitioners be given the privilege of anticipatory bail.
Learned Spl. 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 petitioners be given the privilege of anticipatory bail.
Hence, in the event of their arrest or surrender within a period of six weeks from the date of this order, they shall be released on bail on depositing cash security of Rs.10,000/- each and on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned C.J.M., Koderma in connection with Koderma P.S. Case No.86 of 2023 with the condition that the petitioners will cooperate with the investigation of the case and appear before the Investigating Officer as and when noticed by him and will furnish their mobile number and a copy of their Aadhar Card in the court below with the undertaking that they will not change their mobile number during the pendency of the case subject to the conditions laid down under section 438 (2) Cr. P.C.