Extracted from the PDF above. The PDF is authoritative.
2025:JHHC:23223
--1-- A.B.A. No. 4253 of 2025
IN THE HIGH COURT OF JHARKHAND, RANCHI
A.B.A. No. 4253 of 2025
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1. Amit Kumar, aged 28 years, S/o Jhakshu Prasad Yadav, R/o Village – Mahadeokitta, PO – Dharmodih, PS – Mahagama, District – Godda
2. Pranav Kumar Mishra, aged 27 years, S/o Kalikant Mishra, R/o village – Sonaguji, PO – Madhura, PS – Balbadda, District – Godda
.... Petitioners -- Versus --
The State of Jharkhand
.... Opposite Party
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CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI
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For the Petitioners :- Ms. Vani Kumari, Advocate
For the State
:- Mr. Vishwanath Roy, Advocate
---- 06/12.08.2025 Heard learned counsel appearing for the petitioners as well as the learned counsel appearing for the State.
2. The petitioners are apprehending their arrest in connection with Mahagama P.S. Case No.28 of 2023, for the alleged offences registered under Sections 379 and 411 of Indian Penal Code, Rule 4/54 of Jharkhand Minor Mineral Concession Rules, 2004 and under Rule 9/13 of Jharkhand Minerals (Prevention of Illegal Mining Transportation and Storage) Rules, 2017 and Section 30(ii) of Coal Mines Act, pending in the Court of learned Judicial Magistrate 1st Class, Godda.
3.
Learned counsel appearing for the petitioner submits that the petitioner No.1 is the driver and petitioner No.2 is the owner of
2025:JHHC:23223
--2-- A.B.A. No. 4253 of 2025
the Tractor in question and the allegations are made of loading of 100 cft. of sand on the tractor. He submits that the petitioners have got no criminal antecedent as disclosed in paragraph No.10 of the petition.
4.
Learned counsel appearing for the State opposes the prayer and submits that the allegation is there of illegally carrying the sand.
5. Considering that the petitioner No.1 happened to be the driver of the Tractor and petitioner No.2 is the owner in question and the petitioners have got no criminal antecedent as disclosed in paragraph No.10 of the petition, I am inclined to provide anticipatory bail to the petitioner.
6. Accordingly, the petitioners, above named, are hereby
directed to surrender before the learned Court within three weeks from today, and in the event of their surrender/arrest, the petitioners, above named, shall be released on bail, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each, with two sureties of the like amount each, to the satisfaction of learned Judicial Magistrate 1st Class, Godda in connection with Mahagama P.S. Case No.28 of 2023, subject to the conditions as laid down under Section 482(2) of Bharatiya Nagarik Suraksha Sanhita, 2023.
(Sanjay Kumar Dwivedi, J.) Sangam/