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2025 DAILYLAW 14890 (JHR)

JAIPAL CHAND HASS v. STATE OF JHARKHAND

A.B.A./2858/2025 · 2025-05-27

Rajesh Shankar

body2025

Judgment text

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2025:JHHC:14233 IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No.2858 of 2025 ----- Jaipal Chand Hassa, s/o Markas Hassa, r/o Village-Garamara, P.O. & P.S. Maranghada, District-Khunti. .......... Petitioner. -Versus- The State of Jharkhand .......... Opp. Party. ----- CORAM : HON’BLE MR. JUSTICE RAJESH SHANKAR ----- For the Petitioner : Mr. Amit Kumar, Advocate For the State : Mr. Pankaj Kr. Mishra, APP ----- Order No.02 Date: 27.05.2025 1. The petitioner is apprehending his arrest in a case registered under Section 317(5) of the Bharatiya Nyaya Sanhita, 2023; Sections 4 and 21 of the Mines and Minerals (Development & Regulation) Act, 1957; Rules 7 & 9 of the Jharkhand Minerals (Prevention of Illegal Mining, Transportation and Storage) Rules, 2017 and Rule 54 of the Jharkhand Minor Mineral Concession Rules, 2004. 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 in the F.I.R. The petitioner is the driver of the tractor bearing registration no.JH-23B-3295, Chassis no.MBNAN48ADNTG18729, Engine no. 39.1355/SEG11247, Model Swaraj 735 XT from which there is alleged recovery of about 100 CFT of illegal sand. In fact, there has been no such recovery from the said tractor. False implication of the petitioner would be evident from the fact that the seizure list prepared in this regard does not bear signature of independent witness. The petitioner has no criminal 2025:JHHC:14233 antecedent, as has been stated in paragraph no.8 of the present anticipatory bail application. He, however, undertakes to co-operate in ongoing investigation of the case. Hence, he may be given the privilege of anticipatory bail. 3. Learned A.P.P. opposes the petitioner’s prayer for anticipatory bail. 4. Having heard learned counsel for the parties, this Court is inclined to enlarge the petitioner, above named, on anticipatory bail. Accordingly, the petitioner, in 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, Ranchi, in connection with Bundu P.S. Case No.21 of 2025, subject to the condition as laid down under Section 482(2) of the B.N.S.S., 2023. (Rajesh Shankar, J.) Rohit/ -2- A.B.A. No.2858 of 2025