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2025 DAILYLAW 14701 (JHR)

SANOWAR ALI MANDAL v. THE STATE OF JHARKHAND

A.B.A./2810/2025 · 2025-07-09

Sri Ananda Sen

body2025

Judgment text

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2025:JHHC:18734 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No.2810 of 2025 ------ Sanowar Ali Mandal, S/o Anowar Ali Mandal, R/o Joinpur, P.O. + P.S. Dingelpota, South 24 Parganas, West Bengal. … … Petitioner Versus The State of Jharkhand. … … Opposite Party ------ CORAM : SRI ANANDA SEN, J. ------ For the Petitioner(s) : Mr. Arwind Kumar, Advocate For the State : Mrs. Mohua Palit, A.P.P. ----- 04/ 09.07.2025 Heard the parties. 2. This anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, has been preferred by the petitioner apprehending his arrest, for offences under Sections 303(2), 317(5), 112(2), 271, 272, 275 and 210 of the Bharatiya Nyaya Sanhita, 2023. 3. The petitioner is the owner of the truck which was transporting "Thai Mangur Fish". It is alleged that culture of this fish is banned and by doing transportation, the petitioner has committed an offence. 4. Learned A.P.P. representing the State opposes the prayer for anticipatory bail. However, on query, she could not produce any document to suggest that there is ban on culture of this fish. She submits that the F.I.R. suggests that vide order of the National Green Tribunal, the cultivation of this fish has been banned. She further submits that there is nothing on record to suggest that what would be the punishment if the person is culturing in this fish. 2025:JHHC:18734 2 5. Considering the fact that the petitioner is the owner of vehicle, which was transporting the material and further there is nothing to suggest that what is the penal consequences of cultivating the allegedly banned "Thai Mangur Fish", I am inclined to allow this application. 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), with two sureties of the like amount each, to the satisfaction of learned J.M. 1st Class, Giridih, in connection with Nimiaghat P.S. Case No.91 of 2024, 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 name or in the name of his ancestors in which he is having share and to that effect, he has to file an affidavit before the Trial Court indicating his share in the property. (ANANDA SEN, J.) Prashant. Cp-3