Extracted from the PDF above. The PDF is authoritative.
[2025:JHHC:23250] -1-
IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No. 4266 of 2025
1. Dilip Baraik, age about 54, S/o Bilkhu Baraik, R/o - Vill Jari, PO & PS. Jari, Dist - Gumla, Jharkhand.
2. Dharmendra Lakra, aged about 25, S/o Smayl Lakra, R/o Vill Jarı, P.O & PS. Jarı, Dist- Gumla, Jharkhand.
..... … Petitioners
Versus The State of Jharkhand
..... … Opposite Party
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CORAM : HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI
------ For the Petitioners : Mr. Mohit Prakash, Advocate. For the State
: Mr. Rajneesh Vardhan, A.P.P.
------
05/ 12.08.2025 Heard learned counsel for the petitioners and learned A.P.P. appearing for the State.
2.
The petitioners are apprehending their arrest in connection with Jari P.S. Case No. 10 of 2025, registered for the offences under Sections 303(2), 317(5) and 3(5) of Bharatiya Nyaya Sanhita, 2023, Rule-4/54 of Jharkhand Minor Mineral Concession Rules, 2004, Rule 7/9 of the Jharkhand Minerals (Prevention of Illegal Mining Transportation and Storage) Rules, 2017, pending in the court of learned Sub-Divisional Judicial Magistrate, Gumla.
3.
Learned counsel appearing for the petitioners submits that the petitioner No. 1 is the owner and petitioner No. 2 is the driver of the tractor in question and the petitioner No. 1 is having another case and allegations are there under Sections 420 and 406 of the Indian Penal Code and petitioner No. 2 is having no criminal antecedent. He submits that allegations are made of carrying 100 CFT sand on the said tractor in question.
4.
Learned A.P.P. appearing for the State has opposed the
[2025:JHHC:23250] -2-
prayer and submits that the allegations are there of carrying 100 CFT illegal sand on the said tractor.
5.
Considering the allegation that 100 CFT sand was being carried on the tractor in question and the petitioner No. 1 is having one criminal antecedent under Sections 420 and 406 of the Indian Penal Code and petitioner No. 2 is having no criminal antecedent, I am inclined to provide privilege of anticipatory bail to the petitioners.
6.
Accordingly, the petitioners, named above, 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 Sub-Divisional Judicial Magistrate, Gumla, in connection with Jari P.S. Case No. 10 of 2025, subject to the conditions as laid down under section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
(Sanjay Kumar Dwivedi, J.) Amitesh/-