DURGA MURMU Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard the parties. The petitioners are apprehending their arrest in connection with Chakulia P.S. Case No.43 of 2022, for the offences under Ss. 379/411/34 of the Indian Penal Code, Ss. 4/21 of J.M.M.D.R Act, Rule 54 of J.M.M.C Rules, 2004 and Rules 7/9/13 of Jharkhand Minerals (Prevention of Illegal Mining, Transportation and Storage) Rules, 2017, pending in the Court of learned Sub-Divisional Judicial Magistrate, Ghatshila.

(2.) Petitioners are the drivers of tractors which were seized by the Circle Officer, Chakulia, loaded with illegal sand. Case diary earlier called for has been received. Perused the same.

(3.) It was submitted that petitioners were transporting the seized sand at the instruction of the owners of the vehicles. It was further submitted that from paragraph-75 of the case diary, it appears that petitioners have got no criminal antecedents. Considering the aforesaid fact; I am inclined to extend the privilege of anticipatory bail to the petitioners. They are directed to surrender before the court below within two weeks from the date of receipt of a copy of this order and the learned court below on their surrender shall release them on bail on furnishing bail bonds of Rs.25,000.00(Rupees Twenty Five Thousand) each with two sureties of the like amount each, to the satisfaction of learned Sub-Divisional Judicial Magistrate, Ghatshila, in connection with Chakulia P.S. Case No.43 of 2022, subject to the conditions as laid down under Sec. 438 (2) Cr.P.C.