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2025 DAILYLAW 19560 (JHR)

SUBODH KUMAR PANDIT ALIAS SUBODH PANDIT ALIAS SOBOTH KUMAR PANDIT v. THE STATE OF JHARKHAND

A.B.A./3937/2025 · 2025-07-28

Sri Ananda Sen

body2025

Judgment text

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2025:JHHC:20659 IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 3937 of 2025 Subodh Kumar Pandit @ Subodh Pandit @ Suboth Kumar Pandit, S/o Dayal Pandit, R/o 09/188, Court Road, Jamtara, near Durga Mandir, P.O. & P.S. Jamtara, District- Jamtara (Jharkhand) .... Petitioner(s). Versus The State of Jharkhand … Opp. Party(s). ……. CORAM : SRI ANANDA SEN, J. ------ For the Petitioner(s) : Mr. Shadab Bin Haque, Advocate For the State : Mr. Prabir Kr. Chatterjee, Spl. P.P. …...... 05/ 28.07.2025: Heard, learned counsel for the petitioner and learned counsel for the State. 2. This anticipatory bail application under Sections 482 and 484 of the Bhartiya Nagrik Surksha Sanhita, 2023, has been preferred by the petitioner apprehending his arrest for offences under Sections 303(2) of BNS and Section 21 of MMDR Act and Rule 13 of Jharkhand Mineral (Prevention of Illegal Mining and Storage) Rule, 2017. 3. Petitioner is the owner of the truck, which was transporting quartz. It is alleged that the mineral was being transported illegally. 4. Learned counsel for the petitioner submits that petitioner is the owner of the vehicle which was taken on hire by the Sonali Enterprises who purchased the quartz. By referring Annexure-2, he submits that the said Sonali Enterprises had purchased the quartz, quantity of which is 400 CFT, but excess quantity of 200 CFT was being loaded in the truck from the place of loading, for which this petitioner cannot be held responsible. 5. Learned A.P.P. representing the State opposes the prayer for anticipatory bail. 6. Considering the submission of the parties and the fact that there is challan showing transportation of 400 CFT mineral, prima facie, this case may come under the category of overloading, I feel that this is a fit case for grant of anticipatory bail to the petitioner. 7. Accordingly, this Anticipatory Bail Application stands allowed. The petitioner, above named, is directed to surrender before the learned court below within four weeks from the date of receipt of copy of this order and on the event of his surrender or arrest, he shall be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each, to the satisfaction of learned Chief Judicial Magistrate, Jamtara, in connection with Jamtara P.S. Case No.66 of 2025, subject to the condition that one of the bailers should be a close relative of the petitioner and other should be a resident of State of Jharkhand, having sufficient landed property in his name or in the name of his ancestors in which he is having share and to that effect, he has to file an affidavit before the Trial Court indicating his share in the property. 8. The petitioner should cooperate and join investigation and appear before the Investigating Officer once in 15 days till completion of investigation. (ANANDA SEN, J.) R.S./