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2025 DAILYLAW 14741 (JHR)

MANTU YADAV v. THE STATE OF JHARKHAND

A.B.A./2885/2025 · 2025-05-27

Rajesh Shankar

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Judgment text

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2025:JHHC:14254 Page | 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 2885 of 2025 ----- 1. Mantu Yadav, aged about 43 years, S/o Suresh Yadav, R/o Ashakothi, P.O. + P.S. Madhuban, District- Dhanbad. 2. Rahul Yadav @ Prachi @ Rahul Kumar, aged about 21 years, S/o Satyendra Yadav, R/o Ashakothi Khatal, P.O. + P.S.- Madhuban, District-Dhanbad. 3. Binod Sharma @ Binod Kumar Sharma, aged about 45 years, S/o Shiv Prakash Sharma, R/o Village, Kharkharee, P.O.+ P.S. Madhuban, District-Dhanbad. 4. Rocky Modak @ Tapas Modak @ Tapas Kumar Modak, aged about 31 years, S/o Sudamay Modak, R/o – Nawagarh Basti, P.O. + P.S. Madhuban, District- Dhanbad. .......... Petitioners. -Versus- The State of Jharkhand .......... Opp. Party. ----- CORAM : HON’BLE MR. JUSTICE RAJESH SHANKAR ----- For the Petitioners : Mr. P.P. Roy, Advocate For the State : Mrs. Lily Sahay, APP. ----- Order No.02 Date: 27th May, 2025 1. The petitioners apprehending their arrest in connection with Madhuban P.S. Case No.08 of 2025 registered under Sections 303(2), 317(5) & 3(5) of the Bharatiya Nyaya Sanhita, 2023, Sections 4 & 21 of Mines and Minerals (Development and Regulation Act) 1957, Rules 4 & 54 of Jharkhand Minor Minerals Concession Rules, 2004 and Rules 7, 9 & 13 of Jharkhand Minerals (Prevention of Illegal Mining, Transportation & Storage) Rules, 2017, 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. They have no concern with the coal which was allegedly 2025:JHHC:14254 Page | 2 recovered from three tractors. They have been implicated in this case on the basis of hearsay statements that they were the accomplice of co-accused Karu Yadav and Binod Yadav who were involved in theft and storage of illegal coal. Except that there is no cogent material to connect the petitioners with the alleged offence. 3. It is further submitted that the petitioners have got some criminal antecedents, as has been stated in paragraph no.14 of the present anticipatory bail application. They, however, undertake to co-operate in the ongoing investigation. Hence, they may be given the privilege of anticipatory bail. 4. Learned A.P.P opposes the petitioners’ prayer for grant of anticipatory bail. 5. Having heard the learned counsel for the parties and considering the materials available on record, I am inclined to enlarge the petitioners on anticipatory bail. 6. 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 anticipatory 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 Judicial Magistrate, 1st Class, Dhaband in connection with Madhuban P.S. Case No.08 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