- (1.) HEARD learned counsel for the petitioner as well as learned A.P.P. appearing on behalf of the State. The petitioner has been made an accused in connection with Kharaundhi P. S. Case No. 13 of 2013, corresponding to G.R. No. 276 of 2013, registered under Sections 379 of the Indian Penal Code and under Section 4/54 of Jharkhand Mines and Mineral Act, 2004 as also under Section 3/9 of Jharkhand Transit Act, 2005.
(2.) THE allegation in the F.I.R against the petitioner is that on raid being conducted to detect illegal mining and crushing work at several places, seven tractors loaded with stone chips were recovered as also crushing machine was said to have been found, though the petitioner was not having a license to operate the crushing machine. Learned counsel for the petitioner, on the other hand, submits that he is having a valid license upto 31st December, 2013 by the District Mining Officer, Garhwa for storage of mineral as per Annexure2. By referring to Annexure3 Series, it is submitted that stone chips were procured under valid transport Challan from the dealer which was found at the site in question. It is again submitted that in any view of the matter, the allegations do not make out a case of theft as has been made out under Section 379 IPC in the F.I.R. Even otherwise violation of the provisions of Jharkhand Mines and Mineral Act, Section 54 provides for punishment of six months only. Learned counsel for the State, however, objects to the prayer for anticipatory bail. In the facts and circumstances of the case, since the petitioner appears to have a valid license for storage of mineral from the competent authority and transport Challan showing procurement of stone chips have also been brought on record, the petitioner deserves to be entitled for grant of anticipatory bail, hence in the event of his arrest/surrender, the petitioner, above named, is directed to be released on anticipatory bail on furnishing bail bond of Rs. 10,000/ ( rupees ten thousand) with two sureties of the like amount each to the satisfaction of Civil Judge Jr. Division VI, Garhwa in connection with Kharaundhi P. S. Case No. 13 of 2013, corresponding to G.R. No. 276 of 2013, subject to the conditions as laid down under Section 438(2) Cr.P.C.;