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2025 DAILYLAW 12765 (JHR)

DILIP YADAV v. THE STATE OF JHARKHAND

A.B.A./3799/2025 · 2025-07-17

Sri Ananda Sen

body2025

Judgment text

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2025:JHHC:19524 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No.3799 of 2025 ------ Dilip Yadav, S/o Late Dwarika Yadav, R/o Nawagarh, Kharkhari (Harendra Talkies), P.O. + P.S. Madhuban, District Dhanbad. … … Petitioner Versus The State of Jharkhand. … … Opposite Party ------ CORAM : SRI ANANDA SEN, J. ------ For the Petitioner(s) : Mr. Pratiush Lala, Advocate For the State : Mr. Prabir Kumar Chatterjee @ Prabir Chatterjee, Spl. A.P.P. ----- 05/ 17.07.2025 Heard the parties. 2. This anticipatory bail application under Sections 482 and 484 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, has been preferred by the petitioner apprehending his arrest for offences registered under Sections 303(2), 317(5) and 3(5) of the Bharatiya Nyaya Sanhita, 2023, Section 4, 21 of Mines and Minerals Regulation and Development Act, Rule 5, 54 of Jharkhand Minor Mineral Concession Rules, 2004 and Rule 7, 9, 13 of Jharkhand Minerals (Prevention of Illegal Mining, Transportation and Storage) Rules. 3. It is an allegation that 90 tons of coal was found 100 metres away from the house of one Karu Yadav lying in the open space. It is stated that some persons who were present there on assurance of not disclosing their identity had informed the police that the coal belongs to Karu Yadav, the petitioners and 10-12 other persons. Further in the F.I.R. it has been mentioned that 90 tons of coal was seized but since there was no independent person present, the police officials became the seizure list witnesses. 4. Learned A.P.P. representing the State opposes the prayer for anticipatory bail. 5. Considering the material in the F.I.R., which would suggest that nothing has been found near the house of the 2025:JHHC:19524 2 petitioner and further there are two contrary statements in the F.I.R. that there are some persons who disclosed the name of the petitioner but on the other hand it has been mentioned that there was no person who could have been placed as seizure list witness, this Court finds it a fit case for grant of anticipatory bail to the petitioner. 6. Accordingly, this Anticipatory Bail Application stands allowed. The petitioner, above named, is directed to surrender before the learned court below within four weeks from the date of receipt of copy of this order and on the event of his surrender or arrest, he shall be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each, to the satisfaction of learned JMFC, Dhanbad, in connection with Madhuban P.S. Case No.6 of 2025, subject to the condition that one of the bailers should be a close relative of the petitioner and other should be a resident of State of Jharkhand, having sufficient landed property in his/her name or in the name of his/her ancestors in which he/she is having share and to that effect, he/she has to file an affidavit before the Trial Court indicating his/her share in the property. The petitioner is directed to cooperate in the investigation and appear before the Investigating Officer once in every fifteen days till submission of the final report. (ANANDA SEN, J.) Prashant. Cp-3