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2025 DAILYLAW 16167 (JHR)

ABHISHEK KUMAR v. THE STATE OF JHARKHAND

A.B.A./4633/2025 · 2025-08-21

Sanjay Kumar Dwivedi

body2025

Judgment text

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2025:JHHC:24734 --1-- A.B.A. No. 4633 of 2025 IN THE HIGH COURT OF JHARKHAND, RANCHI A.B.A. No. 4633 of 2025 ---- Abhishek Kumar, aged about 28 years, S/o Dilip Kumar, R/o village – Thana Road, Sisai, PO and PS – Sisai, District – Gumla .... Petitioner -- Versus -- The State of Jharkhand .... Opposite Party ---- CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI --- For the Petitioner :- Mr. Sourabh Kr. Das, Advocate For the State :- Ms. Anuradha Sahay, Advocate ---- 06/21.08.2025 Heard learned counsel appearing for the petitioner as well as the learned counsel appearing for the State. 2. The petitioner is apprehending his arrest in connection with Jariyagarh P.S. Case No.19 of 2024, for the alleged offences registered under Sections 414 of Indian Penal Code, Section 4/21 of Mines and Minerals (Development & Regulation) Act, 1957, Rule 54 of Jharkhand Minor Mineral Concession Rules, 2004 and under Rule 7/9/13 of Jharkhand Minerals (Prevention of Illegal Mining Transportation and Storage) Rule, 2017 pending in the Court of learned CJM at Khunti. 3. Learned counsel appearing for the petitioner submits that the petitioner is the owner of 9 hywas and the allegations are made that on the said hywa 800 cft. sand was loaded on each of the hywa. He submits that the said vehicles have been leased out to different persons by lease deed and the lease deed has been annexed as Annexure-2 series in the petition. He submits that the persons who have taken the vehicle on lease have already been surrendered before the learned Court and they 2025:JHHC:24734 --2-- A.B.A. No. 4633 of 2025 have been granted regular bail. He submits that the petitioner has got no criminal antecedent as disclosed in paragraph No.18 of the petition. 4. Learned counsel appearing for the State opposes the prayer and submits that 9 hywas was involved in such crime. 5. Annexure-2 is the document which suggests that the said hywas have been leased out to different persons and those persons have surrendered before the learned Court and they have been granted regular bail and the petitioner has got no criminal antecedent as disclosed in paragraph No.18 of the petition and he is said to be the owner of hywas, I am inclined to provide anticipatory bail to the petitioner. 6. Accordingly, the petitioner, above named, is hereby directed to surrender before the learned Court within three weeks from today, and in the event of his surrender/arrest, the petitioner, above named, shall be released on bail, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand), with two sureties of the like amount each, to the satisfaction of learned CJM at Khunti in connection with Jariyagarh P.S. Case No.19 of 2024, subject to the conditions as laid down under Section 482(2) of Bharatiya Nagarik Suraksha Sanhita, 2023. (Sanjay Kumar Dwivedi, J.) Sangam/