ASHIT SHAW ALIAS TATA SHAW ALIAS ASHIT KUMAR SHAW v. THE STATE OF JHARKHAND
A.B.A./3115/2025 · 2025-06-10
Sri Ananda Sen
body2025
DailyLaw.ai
[ 2025 DAILYLAW 15037 (JHR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 15037 (JHR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
2025:JHHC:14941 1
IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No.3115 of 2025 ------ Ashit Shaw @ Tata Shaw @ Ashit Kumar Shaw, S/o Subal Shaw, R/o Mahulisole, P.O. & P.S. Dhalbhumgarh, District East Singhbhum. … … Petitioner Versus The State of Jharkhand. … … Opposite Party ------
CORAM : SRI ANANDA SEN, J. ------ For the Petitioner(s) : Mr. Parth S.A. Swaroop Pati, Advocate. For the State : Mrs. Lily Sahay, A.P.P. -----
02/ 10.06.2025
Heard the parties at length.
2.
This anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, has been preferred by the petitioner apprehending his arrest in connection with Dhalbhumgarh P.S. Case No.11 of 2025, for offences under Sections 303(2), 317 of the Bharatiya Nyaya Sanhita and Sections 4, 21 of the Mines and Minerals (Development and Regulation) Act, Rules 4, 54 of Jharkhand Minor and Minerals Concession Rules, 2004 and Rule 13 of Jharkhand Minerals (Prevention of Illegal Mining, Transportation and Storage) Rule, 2017. The case is presently pending before the Court of learned Additional Chief Judicial Magistrate, Ghatshila.
3.
The allegation in this case revolves around storing and transporting 4000 CFT of sand.
4.
Learned counsel representing the petitioner submits that the alleged sand does not belong to this petitioner. He further submits that the petitioner has been falsely implicated in this case. He submits that the petitioner is not having criminal antecedents.
2025:JHHC:14941 2
Thus, he prays that the instant anticipatory bail should to be allowed.
5.
Learned A.P.P. representing the State opposes the prayer for anticipatory bail. He submits that in course of investigation, witnesses have stated that this petitioner had stored the illegally mined sand.
6.
From the perusal of the impugned order, I find that the name of this petitioner transpired during the course of investigation, inasmuch as the witnesses have stated that the petitioner had stored the illegally mined sand. This case thus needs proper investigation. Further illegally mining of sand is an environmental hazard. It is loss to exchequer also.
7.
Considering the allegation leveled against the petitioner of storing and transporting the illegally mined sand, which has severe impact on environment and State exchequer, I am of the considered view that this is not a fit case to grant anticipatory bail to this petitioner.
8.
Accordingly, this Anticipatory Bail Application stands dismissed.
(ANANDA SEN, J.)
Prashant. Cp-3