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2025 DAILYLAW 15036 (JHR)

BAIJU ORAON v. THE STATE OF JHARKHAND

A.B.A./2893/2025 · 2025-05-29

Rajesh Shankar

body2025

Judgment text

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2025:JHHC:14267 IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No.2893 of 2025 ----- Baiju Oraon s/o Late Lalindar Oraon, r/o village Naudi, P.O. + P.S. Senha, District-Lohardaga. .......... Petitioner. -Versus- The State of Jharkhand .......... Opp. Party. ----- CORAM : HON’BLE MR. JUSTICE RAJESH SHANKAR ----- For the Petitioner : Mr. Rajesh Kumar, Advocate For the State : Mr. Shailesh Kumar Sinha, APP ----- Order No.02 Date: 29.05.2025 1. The petitioner is apprehending his arrest in a case registered under Sections 379 and 411 of the Indian Penal Code; Sections 4 and 21 of the Mines and Minerals (Development & Regulation) Act, 1957; Rules 4 & 54 of the Jharkhand Minor Mineral Concession Rules, 2004 and Section 26 of the National Green Tribunal Act. 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 owner-cum-driver of the tractor bearing registration no.JH-08J-5834 from which there is alleged recovery of about 80 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 antecedent, as has been stated in paragraph no.17 of the present anticipatory bail application. He, however, undertakes to co-operate in ongoing 2025:JHHC:14267 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 Sub- Divisional Judicial Magistrate, Lohardaga, in connection with Senha P.S. Case No.49 of 2024, 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.2893 of 2025