Extracted from the PDF above. The PDF is authoritative.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 2883 of 2025 -----
1. Mahendra Kumar Saw, aged about 25 years, son of Arjun Saw, resident of Village-Bandasingha, Belkapi, P.O. Barkatha, P.O.-Gorhar, District-Hazaribag.
2. Surendra Prasad, aged about 43 years, son of Yugal Mahto, resident of Village-Khaira, Jharpo, P.O. + P.S- Tatijhariya, District-Hazaribag.
3. Umesh Yadav, aged about 30 years, son of Ruplal Yadav, resident of Village-Belkapi, P.O. Barkatha, P.S.- Gorhar, District-Hazaribag.
.......... Petitioners. -Versus- The State of Jharkhand
.......... Opp. Party. -----
CORAM : HON’BLE MR. JUSTICE RAJESH SHANKAR ----- For the Petitioners : Mr. Randhir Kumar, Advocate For the State : Mr. Prabir Kumar Chatterjee, APP.
-----
Order No.02
Date: 27th May, 2025
1. The petitioners apprehending their arrest in connection with Jainagar P.S. Case No.46 of 2025 registered under Sections 317(4) of Bharatiya Nagarik Suraksha Sanhita, 2023, Rule 13 of Jharkhand Minerals (Prevention of illegal Mining, Transportation & Storage) Rules, 2017 and Rule 54 of Jharkhand Minor Minerals Concession (JMMC) Rules 2004, have prayed for grant of anticipatory bail.
2.
Learned counsel for the petitioners submits that the petitioners have been falsely implicated in the present case and have not committed any offence as alleged in the F.I.R. The petitioner No.1 is driver of the seized tractor bearing Registration No. JH02BM-6339, Engine No. CJ1354/PD003428, petitioner No.2 is owner-cum- driver of the seized tractor bearing Registration No. JH02BM- 7814, Engine No. CJ1354/PD003898, and petitioner No.3 is owner-cum-driver of the seized tractor bearing Registration No. JH-02BD-1107, Engine No. RLD2DBN2501. There is alleged recovery of about 100 CFT of illegal sand from each of the vehicles. In fact there is no such recovery from the said vehicles. False implication of the petitioners would be
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evident from the fact that the seizure list prepared in this case does not bear signature of any independent witness. The petitioners have no criminal antecedents as has been stated in Paragraph No.13 of the present anticipatory bail application. The petitioners, however, undertake to cooperate in the ongoing investigation. Hence, they may be given the privilege of anticipatory bail.
3. Learned A.P.P opposes the petitioners’ prayer for grant of anticipatory bail.
4. Having heard learned counsel for the parties and considering the materials available on record, I am inclined to grant the privilege of anticipatory bail to the petitioners.
5. Accordingly, the petitioners, above named, in the event of their arrest or surrender before the court below within three weeks from today, shall be released on bail on furnishing bail bond of Rs.20,000/- (Rupees Twenty Thousand) each with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Koderma in connection with Jainagar P.S. Case No.46 of 2025 subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
(Rajesh Shankar, J.) Amar/Sandeep