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2025 DAILYLAW 18604 (JHR)

SUDHIR KUMAR ALIAS SUDHIR SAO v. THE STATE OF JHARKHAND

A.B.A./4405/2025 · 2025-08-13

Sanjay Kumar Dwivedi

body2025

Judgment text

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[2025:JHHC:23560] -1- IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 4405 of 2025 Sudhir Kumar @ Sudhir Sao, aged about 32 years, S/o Banshi Sao, R/o Village-Parsauni, P.O.- Parsauni, P.S. Itkhori, District - Chatra. ..... … Petitioner Versus The State of Jharkhand ..... … Opposite Party -------- CORAM : HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI ------ For the Petitioner : Mr. Deepak Kumar Singh, Advocate. For the State : Mr. Bishwambhar Shastri, A.P.P. ------ 03/ 13.08.2025 Heard learned counsel appearing for the petitioner and learned A.P.P. for the State. 2. The petitioner is apprehending his arrest in connection with Itkhori P.S. Case No. 22 of 2025, registered for the alleged offence under Sections 303(2) and 317(5) Bharatiya Nyaya Sanhita, 2023, Rule-4/54 of Jharkhand Minor Mineral Concession Rules, 2004, Rule 13 of the Jharkhand Minerals (Prevention of Illegal Mining Transportation and Storage) Rules, 2017, pending in the Court of learned A.C.J.M., Chatra. 3. Learned counsel appearing for the petitioner submits that the allegations are made that at the construction site of the house of the petitioner, 8000 CFT illegal sand was stored. He submits that said sand weas purchased from Maa Vaishnavi Enterprises and the said Maa Vaishnavi Enterprises has purchased the said sand from Ramiya Construction Pvt. Ltd. and to buttress his argument, he refers to Annexure-2 of the petition, which are the transport challan. He further submits that the petitioner is having no criminal antecedent and disclosure to that effect has been made in para-16 of the petition. 4. Learned A.P.P. appearing for the State has opposed the prayer and submits that the allegation of storage of 8000 CFT sand is [2025:JHHC:23560] -2- there against the petitioner. 5. Considering that at the construction site of the house of the petitioner, 8000 CFT sand was found to be stored, however, Annexure- 2 of the petition, prima facie suggests that the said sand was purchased by the petitioner and further the petitioner is having no criminal antecedent and disclosure to that effect has been made in para-16 of the petition, I am inclined to grant anticipatory bail to the petitioner. 6. Accordingly, the petitioner, named above, is directed to surrender before the learned court within three weeks from today and in the event of his surrender / arrest, the petitioner, named above, shall be released on bail, on furnishing bail bonds of Rs. 25,000/- (twenty-five thousand), with two sureties of the like amount each, to the satisfaction of A.C.J.M., Chatra, in connection with Itkhori P.S. Case No. 22 of 2025, subject to conditions as laid down under Section 482(2) of the Bharatiya Nyaya Sanhita, 2023. (Sanjay Kumar Dwivedi, J.) Amitesh/-