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2025 DAILYLAW 21092 (JHR)

AJAY KUMAR YADAV v. THE STATE OF JHARKHAND

A.B.A./4279/2025 · 2025-08-12

Sanjay Kumar Dwivedi

body2025

Judgment text

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2025:JHHC:23425 -1- A.B.A. No. 4279 of 2025 IN THE HIGH COURT OF JHARKHAND, RANCHI ---- A.B.A. No. 4279 of 2025 ---- Ajay Kumar Yadav, aged about 34 years son of Jansangh Yadav, resident of Ward No.-04, Village Indarwa, PO and PS Koderma, District Koderma .... Petitioner -- Versus -- The State of Jharkhand .... Opposite Party ---- CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI --- For the Petitioner :- Mr. A.K. Choubey, Advocate For the State :- Mr. P.K. Chatterjee, Advocate ---- 4 /12.08.2025 Heard learned counsel for the petitioner and learned counsel appearing for the State. 2. The petitioner is apprehending his arrest in connection with Barkatha P.S. Case No. 32 of 2025, registered for the offences under Section 317(5) and 3(5) of the Bharatiya Nyaya Sanhita, 2023, 30(ii) of Coal Mines Act and Section 33 of the Indian Forest Act, pending in the court of learned Judicial Magistrate, 1st Class, Hazaribag. 3. Learned counsel appearing for the petitioner submits that the petitioner has taken the truck bearing registration number UP-67-AT-2614 on the agreement. He submits that the allegations are made that 16 trucks were intercepted by the police on the ground of illegal transportation of raw coal and the seizure list has been prepared, which is the part of the FIR. He submits that in the said seizure, the quantity of the coal has not been disclosed. 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 counsel appearing for the State has opposed the prayer and submits that the allegations are there of illegally transporting the raw coal. 5. Considering that the petitioner was having no criminal antecedent 2025:JHHC:23425 -2- A.B.A. No. 4279 of 2025 and disclosure to that effect has been made in para-16 of the petition and the petitioner has taken the aforementioned truck on agreement and further in the seizure list the quantity of coal has not been disclosed and the allegations are made of carrying the illegal raw coal, 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 learned Judicial Magistrate, 1st Class, Hazaribag, in connection with Barkatha P.S. Case No. 32 of 2025, subject to conditions as laid down under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita (BNSS), 2023. ( Sanjay Kumar Dwivedi, J.) SI/