Shamim Khan @ Samim Khan vs The State Of Jharkhand
2023 Latest Caselaw 3541 Jhar

       IN THE HIGH COURT OF JHARKHAND AT RANCHI
                            A.B.A. No. 4902 of 2023

         Shamim Khan @ Samim Khan               ...       ...       Petitioner
                                           - Versus -
         The State of Jharkhand                 ...     ...     Opposite Party
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CORAM: - HON'BLE MR. JUSTICE AMBUJ NATH

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For the Petitioner : M/s. K. S. Nanda, Advocate For the State : M/s. Nehala Sharmin, A.P.P

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07/16.09.2023 Heard the Parties.

Petitioner is apprehending his arrest in connection with Sisai P. S. Case No. 14/2023, registered under Sections 379/ 411/ 120-B of the Indian Penal Code, Section 21 of the Mines and Minerals (Development and Regulation) Act, 1957, Rule 13 of the Jharkhand Minerals (Prevention of Illegal Mining Transportation and storage) Rules, 2017, Rule 54 of the J.M.M.C. Rules 2004, pending in the Court of Sri P. Kumar, learned J.M.F.C., Gumla.

On 06.02.2023 at about 10:45 P.M., Sisai police seized several vehicles loaded with illegal sand. It is alleged that the seized sand was illegally accumulated by the petitioner and he was transporting the same on the seized vehicle.

Case diary earlier called for has been received, perused the same. It appears from paragraph 63 and 64 of the case diary that Tirath Nath Dubey and Santosh Oraon have stated that the seized sand was being transported by the petitioner who had accumulated the same near the bank of Koyal river.

Learned lawyer appearing for the petitioner submitted that he has filed supplementary affidavit showing that the petitioner was given permission to stock and sell sand from the bank of koyal river.

Attention has been drawn towards annexure-2 which is at page no. 9 of the Supplementary affidavit showing that the petitioner had licence to stock and sell sand from the bank of Koyal river. It was further submitted that apart from this another case was also instituted against the petitioner making similar allegations and he was acquitted in that case. Judgment of acquittal has been filed with the Supplementary affidavit, which is Annexure-1.

Regard being had to the facts and circumstance of the case; I am inclined to extend the privilege of Anticipatory Bail to the petitioner. He is directed to surrender before the court below within two weeks from the date of receipt of copy of this order and learned court below on his surrender shall release him on bail on furnishing bail bond of Rs. 25,000/- (Twenty five Thousand only) with two sureties of the like amount each to the satisfaction of Sri P. Kumar, learned J.M.F.C., Gumla or his successor in connection with Sisai P. S. Case No. 14/2023, Subject to the conditions as laid down under Section 438 (2) Cr.P.C.

(Ambuj Nath, J.)

Saurabh

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