RAJ KUMAR PRASAD v. THE STATE OF JHARKHAND

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL No.5101 /2024 [Arising out of SLP (Crl.) No.7705/2024]

1. Leave granted.

2. The High Court by the impugned judgment and order

dated 06th March, 2024 has rejected the appellants’ prayer

for bail in anticipation of arrest.

3. The appellants figure as accused in FIR No.59/2023

dated 09th October, 2023, registered at Police Station-

Rajganj, District: Dhanbad. It is alleged therein that the

appellants have committed offence punishable under

Sections 414 & 34 of the Indian Penal Code, 1860 and

Section 4, 4(1A) and 21 of the Mines and Minerals

(Development and Regulation) Act, 1957 and Rule 7, 9 and

13 of the Jharkhand Minerals (Prevention of Illegal, Mining,

Transportation and Storage) Rules, 2017.

4. We have heard Mr. Aruni Poddar, learned counsel

appearing for the appellants as well as Mr. Vishnu Sharma,

learned counsel appearing for the respondent-State of

Jharkhand.

5. In view of the fact that both the appellants have joined

the investigation, their custodial interrogation is not

warranted.

6. Accordingly, we accept the appeal. The impugned order

stands set aside.

7. It is directed that in the event of the appellants being

arrested, they shall be released on bail by the trial cou...