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2025 DAILYLAW 10267 (JHR)

VIJAY PRASAD v. THE STATE OF JHARKHAND

A.B.A./2316/2025 · 2025-04-11

Anil Kumar Choudhary

body2025

Judgment text

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( 2025:JHHC:11106 ) IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 2316 of 2025 ------ 1. Vijay Prasad, aged about 54 years, s/o late Chuni Lal Prasad, r/o Lower Hatia, P.O.-Dhurwa, P.S.-Jagarnathpur, Dist.-Ranchi, Jharkhand 2. Sukhram Nayak, aged about 34 years, s/o Piyun Nayak, r/o Deogain, Hathudani, P.O. & P.S.-Dhurwa, Tupudana, Dist.-Ranchi, Jharkhand … Petitioners Versus The State of Jharkhand … Opposite Party ------ CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioners : Mr. Abhishek Kumar, Advocate For the State : Mr. Fahad Allam, Addl. P.P. ------ Order No.02 Dated- 11.04.2025 Heard the parties. Apprehending their arrest, the petitioners have moved this Court for grant of privilege of anticipatory bail in connection with Dasam Fall P.S. Case No.16 of 2024 registered for the offences punishable under sections 303(2)/317(2) of the B.N.S., 2023, Section 4/21 of MMDR Act, Rule 54 of JMMC Rules and under Rule 7/9 of the Jharkhand Minerals (Prevention of Illegal Mining, Transportation and Storage) Rule, 2017. The Learned counsel for the petitioners submits that the allegation against the petitioners is that the petitioner no.1 is the owner of the tractor and the petitioner no.2 is the driver of the tractor which was seized by police for transporting illegally excavated sand. It is further submitted that the allegations against the petitioner are all false and the petitioners were not involved in any illegal transportation of sand. It is next submitted that the petitioners have no criminal antecedent as has been mentioned in paragraph no. 10 of the anticipatory bail application. It is then submitted that the petitioners undertake to furnish sufficient security including cash security and also undertake to cooperate with the investigation of the case. Hence, it is submitted that the petitioners be given the privilege of anticipatory bail. Learned Addl. P.P. opposes the prayer for grant of anticipatory bail. Considering the submissions of the counsels and the fact as discussed above, I am of the opinion that it is a fit case where the abovenamed petitioners be given the privilege of anticipatory bail. Hence, in the event of their arrest or surrender within a period of six weeks from the date of this order, they shall be released on bail on depositing cash security of Rs.5,000/- each and on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned J.M. 1st Class, Ranchi, in connection with Dasam Fall P.S. Case No.16 of 2024 with the condition that the petitioners will cooperate with the investigation of the case and appear before the Investigating Officer as and when noticed by him and will furnish their mobile numbers and a copy of their Aadhar Cards in the court below with the undertaking that they will not change their mobile numbers during the pendency of the case subject to the conditions laid down under Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. (Anil Kumar Choudhary, J.) Sonu/Gunjan-