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2025 DAILYLAW 15293 (JHR)

RAFEEQUE MIAN ALIAS RAFEEQUE ANSARI v. STATE OF JHARKHAND

A.B.A./2970/2025 · 2025-06-03

Deepak Roshan

body2025

Judgment text

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2025:JHHC:14389 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 2970 of 2025 --------- Rafeeque Mian @ Rafeeque Ansari @ Md. Rafeeque, aged about 45 years, son of Madi Miyan, resident of village-Chhatarbar, P.O. & P.S.-Koderma, District-Koderma ....Petitioner Versus The State of Jharkhand ....Opp. Party --------- CORAM: HON’BLE MR. JUSTICE DEEPAK ROSHAN --------- For the Petitioner : Md. Ayub Ansari, Advocate For the Opp. Party : Mr. Sunil Kumar Dubey, A.P.P. --------- 02/Dated:-03.06.2025 Heard learned counsels for the parties. 2. The petitioner has moved before this Court for grant of privilege of anticipatory bail from apprehending his arrest in connection with Koderma P.S. Case No.247 of 2024 registered for the offences under Sections 303(2), 317(2) of Bharatiya Nyaya Sanhita, 2023, Rule 13 of Jharkhand Minerals (Prevention of illegal Mining Transportation & Storage) Rules, 2017, Section 21 of Mines and Minerals (Development and Regulation) Act and Rule 54 of Jharkhand Mines and Minerals Rule, 2004. 3. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in this case without any cogent and reliable evidence against him with an oblique motive and mala fide intent in order to harass the petitioner. He further submits that the petitioner has been implicated only on the basis of information received by the informant through secret information but the source of such information has not been disclosed by the informant. He adds that the co-accused in the case has been granted anticipatory bail by co-ordinate bench of this court in A.B.A. 469/2025 vide order dated 24.01.2025. He further submits that the petitioner has no any criminal antecedent and he is ready to abide by all the terms and conditions as imposed by this Court. 2025:JHHC:14389 2 4. Learned A.P.P. opposes the prayer for anticipatory bail of the petitioner. 5. Having regard to the facts of the case and looking to the allegation made against this petitioner coupled with the fact that the implication is only on the basis of a secret information to the informant; therefore, I am inclined to enlarge this petitioner on anticipatory bail. Accordingly, the petitioner is directed to surrender before the court below within a period of four weeks from today and the learned court below on his surrender shall release him on bail on furnishing bail bond of Rs. 20,000/- (Twenty Thousand Only) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Koderma, in connection with Koderma P.S. Case No.247 of 2024. 6. It is made clear that the petitioner shall cooperate with the investigation/trial and if he will not cooperate with the investigation/trial, the State shall be at liberty to take appropriate action. (Deepak Roshan, J.) vikas/-