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2025 DAILYLAW 2173 (JHR)

KAMLESH YADAV v. THE STATE OF JHARKHAND

A.B.A./2336/2026 · 2026-05-08

Sanjay Kumar Dwivedi

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Judgment text

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2025:JHHC:38809 1 IN THE HIGH COURT OF JHARKHAND, RANCHI ---- A.B.A. No. 2336 of 2026 ---- Kamlesh Yadav, aged about 50 years, son of Narsing Yadav, resident of Village Kasmar, PO and PS Panki, District Palamau, Jharkhand .... Petitioner -- Versus -- The State of Jharkhand .... Opposite Party ---- CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI --- For the Petitioner :- Mr. Aditya Kumar Jha, Advocate For the State :- Mr. Bishwambhar Shastri, Advocate ---- 2/08.05.2026 Heard learned counsels for petitioner and for State. 2. The petitioner is apprehending his arrest in connection with Panki PS Case No.143 of 2025, for offence registered under section 303(2), 317(5), 3(5) of BNS and Sections 4 and 21 of Mines and Minerals (Development and Regulation) Act, 1957, Rule 54 of Jharkhand Minor Mineral Concession Rules and Rules 9 and 13 of Jharkhand Minerals (Prevention of Illegal Mining, Transportation and Storage) Rules, 2017, pending in court of learned Sub Judge -III, Palamau at Daltonganj. 3. Learned counsel for petitioner submits that the petitioner has been falsely implicated in this case alleging that the petitioner was the owner of the crusher. He next submits that the petitioner is nothing to do with the said crusher and on the seizure list, only the police personnels have signed on it. He next submits that only on suspicion the name of the petitioner has come and even the person who has taken the name of the petitioner, his name has not been 2025:JHHC:38809 2 disclosed in the FIR. He further submits that the petitioner has got no criminal antecedent as disclosed in paragraph no.12 of the petition. 4. Learned State counsel opposes prayer and submits that the villagers have taken the name of the petitioner. 5. Considering that the person who has taken the name of the petitioner, even his name has not been disclosed in the FIR and the petitioner has got no criminal antecedent as aforesaid, and in that view of the matter, I am inclined to grant anticipatory bail to the petitioner. 6. Accordingly, the petitioner, above named, is hereby directed to surrender before learned court within two weeks from today, and in event of his surrender/arrest, the petitioner, above named, shall be released on bail, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand), with two sureties of like amount each, to the satisfaction of learned Sub Judge -III, Palamau at Daltonganj, in connection with Panki PS Case No.143 of 2025, subject to the conditions as laid down under section 482(2) of Bhartiya Nagrik Suraksha Sanhita (BNSS), 2023. ( Sanjay Kumar Dwivedi, J.) 08.05.2026 SI/