Sanjay Kumar Dwivedi, J
1. Heard the learned counsel for the petitioner as well as the learned counsel for the respondent State.
2. The petitioner is apprehending his arrest in connection with Borio P.S. Case No.336 of 2023, for the offence registered under sections 379, 414, 175 IPC, Rule 4/54 of Jharkhand Minor Mineral Concession Rules, 2004 and Rules 7 and 9 of Jharkhand Mineral (Prevention of Illegal Mining, Transportation and Storage) Rules, 2017, pending in the court of learned Judicial Magistrate, 1st Class, Sahibganj.
3. Learned counsel for the petitioner submits that the petitioner is driver of Hywa truck and allegation is made that stone dust was being carried in the said Hywa truck. He submits that the petitioner has got no criminal antecedent as disclosed in paragraph no.17 of the petition.
4. Learned State counsel opposed the prayer on the ground that in absence of any valid document the said stone dust was being carried.
5. Considering that the petitioner is driver and he has got no criminal antecedent as disclosed in paragraph no.17 of the petitioner and further the owner has been provided privilege of anticipatory bail in A.B.A. No.68 of 2024, and in the attending facts and circumstances, I am inclined to provide privilege of anticipatory bail to the petitioner.
6. Accordingly, the petitioner, above named, is hereby directed to surrender before the learned court within three weeks from today, and in the event of his surrender/arrest, the petitioner, above named, shall be released on bail, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand), with two sureties of the like amount each, to the satisfaction of learned Judicial Magistrate, 1st Class, Sahibganj, in connection with Borio P.S. Case No.336 of 2023, subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure.
