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2025 DAILYLAW 15089 (JHR)

RINKU KUMAR v. STATE OF JHARKHAND

A.B.A./3785/2025 · 2025-07-23

Sri Ananda Sen

body2025

Judgment text

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2025:JHHC:20142 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No.3762 of 2025 ------ Ganesh Ray, age about 30 years, S/o Basudev Ray, R/o Vill Hathigarh, P.O. Sakrigali Ghat P.S. & District- Sahibganj (Jharkhand) … … Petitioner Versus The State of Jharkhand. … … Opposite Party With A.B.A. No.3785 of 2025 ------ Rinku Kumar, age about 28 years, S/o Dharm Deo Yadav, R/o Khalifa Tola, Ward No.14, P.O. & P.S. Bhatgawan, District- Madhepur (Bihar). … … Petitioner Versus The State of Jharkhand. … … Opposite Party ------ CORAM : SRI ANANDA SEN, J. ------ For the Petitioner(s) : Md. Yasir Araft Advocate For the State : Mr. Subodh Kr. Dubey, APP Mrs. Ruby Pandey, APP ----- 06/ 23.07.2025 Heard the parties. 2. These anticipatory bail applications under Sections 482 & 484 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, have been preferred by the petitioners apprehending their arrest for offences under Sections 303(2), 317(2) of the B.N.S., 2023, under Rule 54 of Jharkhand Minor Minerals Concession Rule (JMMC Rule), u/s 4, 21 of Mines and Minerals (Development and Regulation) Act (MMDR Act) and u/rule 7, 9, 13 of Jharkhand Mineral (Prevention of illegal Mining Transportation and Storage) Rule, 2017. 3. The allegation against the petitioners in the F.I.R. is that on 12.03.2025, at around 19:30 pm, vehicle checking was being done when a truck was signaled to stop, the truck driver whose registration number was BR10GB-2745 started driving fast and when the truck was chased, the driver parked the truck and fled away. Thereafter, the mining challan related to the stone chips amounting to 950 CFT loaded on the vehicle was searched, but no valid documents related to chips were found in the said vehicle, the vehicle was seized and brought to the O.P. 4. The petitioners are the owner and driver of the vehicle 2025:JHHC:20142 2 which was carrying stone chips. 5. Learned counsel for the petitioners submits that the stone chips was being transported by a valid documents and since the area is a border between West Bengal and Jharkhand, some part of the road travels through the State of Jharkhand to reach the destination which is in West Bengal for which this case has been lodged. 6. Learned APP appearing on behalf of the State submits that the documents were valid but the challans were valid only for the West Bengal but the vehicle was found in the District of Pakur which is in the State of Jharkhand. 7. Considering the fact that the challans were genuine and the area from where the vehicle was seized is a border area between both the States and the road to the destination passes through the State of Jharkhand, I am inclined to allow these applications, subject to the conditions the petitioners are directed to cooperate with the investigation. Both of them will appear before the I.O. once in every 15 days, till conclusion of the investigation, failing which, the Court concerned shall take an appropriate action. 8. Accordingly, these Anticipatory Bail Applications stand allowed. The petitioners, above named, are directed to surrender before the learned court below within four weeks from the date of receipt of copy of this order and on the event of their surrender or arrest, they shall be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) each, with two sureties of the like amount each, to the satisfaction of learned J.M. 1st Class, Pakur in connection with Littipara P.S. Case No.20/2025, subject to the condition that one of the bailers should be a close relative of the petitioners and he should be a resident of State of Jharkhand, having sufficient landed property in his name or in the name of his ancestors in which they are having share and to that effect, they have to file an affidavit before the Trial Court indicating his share in the property. (ANANDA SEN, J.) Sandeep. Cp-3