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2025 DAILYLAW 14765 (JHR)

HARIPADA NAYAK v. THE STATE OF JHARKHAND

A.B.A./2944/2025 · 2025-06-03

Deepak Roshan

body2025

Judgment text

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2025:JHHC:14364 IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 2944 of 2025 ------ Haripada Nayak, aged about 32 years, S/o. Late Golak Nayak, R/o. Vill.- Pathri, P.O. & P.S.- Baharagora, Dist.- Singhbhum East, Jharkhand. … … Petitioner -Versus - The State of Jharkhand ... … Opposite Party ------ CORAM: - HON’BLE MR. JUSTICE DEEPAK ROSHAN ------ For the Petitioner : Mr. Kripa Shankar Nanda, Advocate For the State : Mr. Shailesh Kr. Sinha, A.P.P. ------ 02/Dated: 03.06.2025 Heard learned counsel for the parties. 2. The petitioner has moved before this Court for grant of privilege of anticipatory bail from apprehending his arrest in connection with Baharagora P.S. Case No. 14/2025 instituted under Sections 303(2), 317(2) & 3(5) of the B.N.S., 2023, Sections 21/22 of the Mines and Minerals (Development & Regulation) Act, Section 4/54 of the Jharkhand Minor Minerals Concession Rule, 2004 and Section 7/13 of Jharkhand Minerals (Prevention of Illegal Mining Transportation and Storage) Rule, 2017. 3. Learned Counsel for the petitioner submits that the petitioner has been falsely implicated in the present case and has not committed any offence as alleged. There is alleged recovery of about 15,000 CFT of sand illegally stored at the place at Village Pathri. The petitioner has no concern with the said sand. He has been implicated in this case merely on the basis of hearsay statement of local people. Except that there is no other evidence to connect the petitioner with the alleged offence. It is further submitted that the similarly situated co-accused person, namely, Manoranjan Hota has been granted anticipatory bail by the coordinate bench of this Court vide order dated 27.05.2025 in A.B.A. No.2884 of 2025. 4. Learned A.P.P. opposed the prayer for bail. 5. Having regard to the facts of the case, I am inclined to extend the privilege of anticipatory bail to the petitioner. Accordingly, the petitioner is directed to surrender in the Court below within four weeks from today and in the event of his arrest or surrender, he will be enlarged on bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned J.M.F.C., Ghatshila in connection with Baharagora P.S. Case No. 14/2025 with the condition that he will co-operate with the investigation of the case and appear before the investigating officer as and when noticed by him and furnish his mobile number and photocopy of the Aadhaar Card with an undertaking that he will not change his mobile number during the pendency of the case and subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.It is made clear that if the petitioner does not cooperate with the investigation/trial, the State would be at liberty to take appropriate action. (Deepak Roshan, J.) Sandeep-Rahul/-