DURGALAL ALIAS DURGA LAL v. THE STATE OF JHARKHAND
A.B.A./3221/2025 · 2025-06-12
Sri Ananda Sen
body2025
DailyLaw.ai
[ 2025 DAILYLAW 16018 (JHR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 16018 (JHR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
2025:JHHC:15190 IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No. 3221 of 2025
----- Durgalal @ Durga Lal, S/o Kishor Kumar Saw, R/o Village- Bandasinga, P.O.- Belkapi, P.S.- Gorhar, District- Hazaribagh
.... Petitioner(s).
Versus The State of Jharkhand
… Opp. Party(s).
------
CORAM :
SRI ANANDA SEN, J.
------ For the Petitioner(s) : Mr. Randhir Kumar, Advocate For the State : Ms. Shweta Singh, AddI. P.P.
…......
02/ 12.06.2025: Heard, learned counsel for the petitioner and learned counsel for the State.
2.
This is an application filed by the petitioner praying for grant of anticipatory bail in terms of Sections 482 and 484 of Bharatiya Nagarik Suraksha Sanhita, 2023 apprehending his arrest for the offences under Sections 317(4) of B.N.S., 2023, Rule 13 of Jharkhand Minerals (Prevention of Illegal Mining Transportation & Storage) Rule, 2017 and Rule 54 of the Jharkhand Minor Minerals Concession (JMMC) Rule, 2004.
3.
Learned counsel for the petitioner submits that similarly co- situated co-accused has been granted anticipatory bail, but he admits that there is no reason recorded in the said order as to on what ground the anticipatory bail has been granted.
4.
Considering the fact that there is no reason assigned in the order, I am not bound by the aforesaid order.
5.
The learned APP opposes the prayer for anticipatory bail.
6.
Petitioner is the owner-cum-driver of the tractor in which 100 cft. of illegally mined sand was transported.
7.
Considering the fact that illegally mined sand was being transported which has a severe impact on environment and State exchequer, I find that this is not a fit case for grant of anticipatory bail to the petitioner.
Accordingly, the prayer for anticipatory bail of the petitioner in connection with Jainagar P.S. Case No.46 of 2025, pending in the Court of learned Sub- Divisional Judicial Magistrate, Koderma, stands rejected.
(ANANDA SEN, J.) R.S./