Extracted from the PDF above. The PDF is authoritative.
2025:JHHC:23919
IN THE HIGH COURT OF JHARKHAND, RANCHI
A.B.A. No. 4458 of 2025
---- Arun Kumar Mishra son of Vijay Kumar Mishra resident of Mishra Bhawan Pensol Factory Road Near Pandit Sadan Jorar Namkum PO and PS Namkum District Ranchi
.... Petitioner -- Versus --
The State of Jharkhand
.... Opposite Party
----
CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI
---
For the Petitioner
:- Mr. Sourabh Kumar Das, Advocate
For the State
:- Mrs Ruby Pandey, Advocate
---- 6/18.08.2025 Heard learned counsels for petitioner and for State.
2. The petitioner is apprehending his arrest in connection with Torpa P.S. Case No.59 of 2024, for offence registered under section 317(5) and 3(5) of BNS, 2023, Rule 4/54 Jharkhand Mines and Minerals Concession Rules, 2004, Rules 9/13 of Jharkhand Mines and Minerals (Prevention of Illegal Mining, Transportation and Storage) Rules, 2017, section 4/21 of Mines and Mineral (Development& Regulation) Act, 1957, pending in court of learned Sub-Divisional Judicial Magistrate, Khunti.
3.
Learned counsel for the petitioner submits that the petitioner is the owner of the vehicle in question and the allegations are made that 500 cft sand were illegally loaded on the said vehicle, however, nothing has been loaded on the said vehicle. He submits that recovery of 500 cft sand was made from the place where it was stored.
4. Learned State counsel opposes the prayer and submits that allegations of illegally loading of sand is there.
5. Considering that allegations are made that 500 cft sand were illegally loaded on the said vehicle, however, recovery of 500 cft sand was made from the place where it was stored and from the vehicle nothing was recovered and the petitioner happened to be driver of the said vehicle, I am inclined to grant 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 Sub Divisional Judicial Magistrate, Khunti, in connection with Torpa P.S. Case No.59 of 2024, subject to the conditions as laid down under section 482(2) of Bhartiya Nagrik Suraksha Sanhita (BNSS), 2023.
( Sanjay Kumar Dwivedi, J.) SI/