Extracted from the PDF above. The PDF is authoritative.
( 2025:JHHC:14556 )
1
IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No. 3059 of 2025
1. Mahendra Nayak, aged about 47 years, S/O Bandhan Nayak, R/O Village & PO – Belkapi, PS – Gorhar, District – Hazaribag.
2. Vikash Kumar Mehta @ Vikas Kumar Mehta, aged about 42 years, S/O Kishori Prasad Mehta, R/O Village – Fufandi, Ratanpur, PO & PS – Ichak, District – Hazaribag.
3. Ajay Kumar Sahu, aged about 54 years, S/O Shankar Prasad Sahu, R/O Village – Luti Pahadi, PO & PS – Baghmara, District – Dhanbad.
… … Petitioners
Versus
The State of Jharkhand
… … Opp. Party ---
CORAM : HON'BLE MR. JUSTICE DEEPAK ROSHAN ---
For the Petitioners : Mr. Randhir Kumar, Advocate
For the Opp. Party : Ms. Lily Sahay, APP
---
02/05th June 2025
Heard the learned counsel for the parties.
2. The petitioners have moved before this Court for grant of privilege of anticipatory bail from apprehending their arrest in connection with Jainagar P.S. Case No. 46 of 2025 instituted under Section 317 (4) of the Bharatiya Nyaya Sanhita, 2023, Rule 13 of Jharkhand Minerals (Prevention of Illegal Mining Transportation & Storage) Rules, 2017 and Rule 54 of the Jharkhand Minor Minerals Concession (JMMC) Rule, 2024.
3.
Learned counsel for the petitioners submits that the petitioners have clean antecedent and they have falsely been implicated in this case. The allegation as alleged in the FIR, is false and fabricated and they have not committed any offence. He further submits that the allegation of illegal mining and transportation of sand against these petitioners is a concocted story, which is not sustainable in the eyes of law. In fact, during course of the investigation, no cogent and reliable evidence has been collected by the Investigating Officer.
4.
Learned counsel for the petitioners further submits that the co- accused person namely Mahendra Kumar Saw & Others have been
( 2025:JHHC:14556 )
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granted bail by a co-ordinate bench of this Court vide order dated 27th May 2025 passed in A.B.A. No. 2883 of 2025.
5. Learned A.P.P. opposed the prayer of the petitioners for grant of bail.
6. Having regard to the facts and circumstances of this case as well as looking to the fact that the co-accused has already been granted bail by a co-ordinate bench of this Court, I am inclined to extend privilege of anticipatory bail to these petitioners. Accordingly, the petitioners are directed to surrender in the Court below within a period of four weeks from today and in the event of their arrest or surrender, they will be enlarged on bail on furnishing bail bond of Rs. 20,000/- (Rs. Twenty Thousand Only) each with two sureties of the like amount each to the satisfaction of learned Sub – Divisional Judicial Magistrate, Koderma, in connection with Jainagar P.S. Case No. 46 of 2025.
7. It is made clear that petitioners shall co-operate with the investigation / trial. If the petitioners will not co-operate with the investigation / trial, the State would be at liberty to take appropriate action.
(Deepak Roshan, J.) Aditi/Simran