Extracted from the PDF above. The PDF is authoritative.
( 2025:JHHC:24373 )
IN THE HIGH COURT OF JHARKHAND AT RANCHI A. B. A. No. 4538 of 2025
Md. Shamim Khan, aged about 59 years, son of Abdul Sattar, resident of Sindri Road, Chouthakulhi, Jharia, P.O. and P.s. Jharia, District-Dhanbad ...... … Petitioner
Versus The State of Jharkhand .…. … Opposite Party
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CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI For the Petitioner
:Mr. Deepak Sahu, Advocate For the State : Mr. Prabir Kumar Chatterjee, P.P.
04/ 20.08.2025: Heard learned counsel for the petitioner and learned counsel for the State.
2. The petitioner is apprehending his arrest in connection with Patherdih P.S. Case No. 10/2024, registered under sections 379, 414, 34 of the I.P.C, Rule 7, 9, 13 of Jharkhand Minerals (Prevention of Illegal Transportation and Storage) Rule, 2017 and Section 4/21 of Mines and Minerals (Development & Regulation) Act, 1957, under Rule 4/54 Jharkhand Minor Minerals Concession Rule, 2004, pending in the Court of learned Judicial Magistrate, Ist Class, Dhanbad.
3.
Learned counsel for the petitioner submits that allegations are made that 35 tonnes coal was loaded in the truck and the said truck is registered in the name of wife of the petitioner who has given the said truck to one Manish Kumar to ply on road which is disclosed in para 9 of the petition. He submits that petitioner has no criminal antecedent which is disclosed in para 20 of the petition. On these grounds, he submits that the petitioner may kindly be provided privilege of anticipatory bail.
4.
Learned counsel for the State opposes the prayer and submits that allegation of carrying out the illegal coal is there.
5.
Considering that said truck is registered in the name of wife of the petitioner and he has no criminal antecedent which is disclosed in para 20 of the petition and it has been pointed out that the said truck was given to another person to ply on the road, I am inclined to grant anticipatory bail to the petitioner. Accordingly, the above named, petitioner is directed to surrender before the learned court within three weeks from today and in the event of his surrender / arrest, the petitioner 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 learned Judicial Magistrate, Ist Class, Dhanbad, in connection with Patherdih P.S. Case No. 10/2024, subject to conditions as laid down under Section 482 (2) of B.N.S.S, 2023.
( Sanjay Kumar Dwivedi, J.) satyarthi-