Research › Search › Judgment

High Court of Jharkhand · body

2025 DAILYLAW 14800 (JHR)

SUNDARLAL GOPE v. THE STATE OF JHARKHAND

A.B.A./2874/2025 · 2025-05-27

Rajesh Shankar

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

( 2025:JHHC:14265 ) IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A.No. 2874 of 2025 Sundarlal Gope aged about 57 Years S/o Late Rewali Gope R/O Village-Kawalu P.O. & P.S.-Daru District-Hazaribag (Jharkhand). ……… Petitioner Versus The State of Jharkhand ……… Opp. Party ----- CORAM : HON’BLE MR. JUSTICE RAJESH SHANKAR ----- For the Petitioner : Mr. Kripa Shankar Nanda, Advocate For the State : Mr. Pankaj Kumar Mishra, A.P.P. ----- Order No.2 Date: 27.05.2025 1. The petitioner apprehending his arrest in connection with Daru P.S. Case No. 26 of 2025 for the offences punishable under Section 317(5) of Bharatiya Nyaya Sanhita (BNS) 2023 and under Section 4/21 of Mines and Minerals (Development & Regulation) Act, 1957 and under Section 54 of Jharkhand Minor Minerals Concession Rule 2004 and under Sections 7/9/13 of Jharkhand Minerals (Prevention of illegal Mining Transportation and Storage) Rule, 2017, pending in the Court learned Judicial Magistrate, 1st Class, Hazaribag, has prayed for grant of anticipatory bail. 2. 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. The petitioner is owner of the tractor bearing Engine No. RFN102920 from which the alleged recovery of about 100 cft of illegal sand. In fact, there is no such recovery from the said tractor and the seizure list has been manufactured by the Circle Officer, Daru District- Hazaribag to falsely implicate the petitioner. The petitioner, 2 however, undertakes to co-operate in the ongoing investigation. Hence, he may be given the privilege of anticipatory bail. 3. Learned A.P.P. opposes the petitioner’s prayer for grant of anticipatory bail. 4. Having heard learned counsel for the parties and considering the material available on record, I am inclined to enlarge the petitioner on anticipatory bail. 5. Accordingly, the petitioner, above named, in the event of his 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) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Hazaribag in connection with Daru P.S. Case No. 26 of 2025 subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. (Rajesh Shankar, J.) P.K.S.