Extracted from the PDF above. The PDF is authoritative.
2025:JHHC:20726 1
IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No.3940 of 2025 ------ Naushad Akhtar, S/o Shaukat Ali, R/o village Badam, PO and PS Barkagaon, District Hazaribagh … … Petitioner(s) Versus The State of Jharkhand. … … Opposite Party(s) ------
CORAM : SRI ANANDA SEN, J. ------ For the Petitioner(s) : Mr. Arwind Kumar, Advocate. For the State : Ms. Kumari Rashmi, A.P.P. ----- 02/ 28.07.2025 Heard the parties.
2. This anticipatory bail application under Sections 482 and 484 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, has been preferred by the petitioner apprehending his arrest for offences registered under Sections 414/34 of Indian Penal Code, Section 30(ii) of Coal Mines Act, Section 33 of Indian Forest Act in connection with Charhi PS Case No. 45 of 2018 corresponding with G.R. No. 1132 of 2018 pending in the court of learned J.M. 1st Class, Hazaribagh.
3. There is an allegation that illegally mined coal was being transported.
4.
Learned counsel for the petitioner submits that though petitioner was being shown as the owner of the vehicle but infact the petitioner is not the registered owner. His name has been transpired from the statement of the lawyer of co-accused namely, Md. Mustaque who stated that it is this petitioner who had bought the vehicle. Learned counsel further submits that the petitioner has appeared before the investigating officer who has recorded his statement under Section 41A of the Cr.PC [section 35(3) of BNSS].
5.
Learned counsel for the petitioner submits that after the petitioner has appeared before the investigating officer, the petitioner has not been arrested.
6. Statement of the petitioner clearly suggests that there is
2025:JHHC:20726 2
no apprehension of the petitioner being arrested, that being so this anticipatory bail application is misconceived as he has complied with the notice under section 35(3) of BNSS.
7. The petitioner should appear before the investigating officer and cooperate with the investigation and thereafter will take appropriate steps in terms of the judgment passed by the Hon’ble Supreme Court in the case of “Satender Kumar Antil vs. CBI and Anr.” reported in (2022) 10 SCC 51 by appearing before the court concerned.
8. Accordingly, this Anticipatory Bail Application stands
disposed of.
(ANANDA SEN, J.) Tanuj/Cp-3