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2025 DAILYLAW 15716 (JHR)

BENU DHAR JENA ALIAS BENA v. THE STATE OF JHARKHAND

A.B.A./3091/2025 · 2025-06-05

Deepak Roshan

body2025

Judgment text

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2025:JHHC:14583 IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 3091 of 2025 1. Benu Dhar Jena @ Bena, aged about 58 years, S/o-Baidhar Jena, R/o Sribatsapur, P.O. & P.S. Sribatsapur, Dist.-Mayurbhanj, Odisha 2. Dayanidhi Behera @ Bera, aged about 34 years, S/o Somnath Behera, R/o Jadunathpur, P.O.& P.S.- Barsahi, Dist.- Mayurbhanj, Odisha .... .... Petitioners Versus The State of Jharkhand … …. Opp. Party CORAM: HON'BLE MR. JUSTICE DEEPAK ROSHAN For the Petitioners : Mr. Vishal Kumar Trivedi, Advocate For the Respondent-State : Mr. Naveen Kumar Ganjhu, A.P.P. ------ Order No. 02 / Dated : 05.06.2025. Heard learned counsel for the parties. 2. The petitioners are apprehending their arrest in connection with Gurabanda P.S. Case No. 31/2022 for the offences registered under Sections 4/54 of JMMC, Rule 2004 and under Sections 3/7/13 Jharkhand Minerals (Prevention of illegal Mining, Transportation & Storage) Rule, 2017 and Section 379/414 of IPC and Sections 4/21 of MMDR Act. 3. Learned counsel for the petitioners submits that the petitioners have been falsely implicated in this case and petitioners are not even named in the FIR. He further submits that no incriminating articles or illegal sand has been recovered from any of both vehicles and were seized instead of being totally empty and petitioners have no criminal antecedent, as such they may be given the privilege of anticipatory bail. 4. Learned A.P.P. opposed the prayer for anticipatory bail. 5. Having regard to the facts of the case and looking to the allegations made against these petitioners, I am inclined to enlarge the petitioners on anticipatory bail. Accordingly, the petitioners are 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 them on bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand Only) each with two sureties of the like amount each to the satisfaction of learned S.D.J.M. Ghatshila, East Singhbhum, Jharkhand in connection with Gurabanda P.S. Case No. 31/2022, subject to the conditions as laid down under Section 482(2) of BNSS, 2023. 6. It is made clear that if the petitioner will not cooperate in investigation/trial, the State would be at liberty to take appropriate action. (Deepak Roshan, J.) Pawan/Sangam/ -