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2025:JHHC:24645
--1-- A.B.A. No. 4623 of 2025
IN THE HIGH COURT OF JHARKHAND, RANCHI
A.B.A. No. 4623 of 2025
---- Anand Kumar, aged about 24 years, son of Kameshwar Mandal, resident of village – Choitolorhiya, PO and PS - Kunda, District - Deoghar
.... Petitioner -- Versus --
The State of Jharkhand
.... Opposite Party
----
CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI
---
For the Petitioner :- Mr. Kumar Rishab Anand, Advocate
For the State
:- Mr. Bishwambhar Shastri, Advocate
---- 02/21.08.2025 Heard learned counsel appearing for the petitioner as well as the learned counsel appearing for the State.
2. The petitioner is apprehending his arrest in connection with Deoghar Town P.S. Case No.176 of 2025, for the alleged offences registered under Sections 317(5) and 3(5) of Bharatiya Nyaya Sanhita, 2023, Section 21 of Mines and Minerals (Development & Regulation) Act, 1957, Rule 54 of Jharkhand Minor Mineral Concession Rules, 2004 and under Rule 13 of Jharkhand Minerals (Prevention of Illegal Mining Transportation and Storage) Rule, 2017 and Section 15 of the Environment Protection Act, pending in the Court of learned Chief Judicial Magistrate, Deoghar.
3.
Learned counsel appearing for the petitioner submits that the petitioner is the owner-cum-driver of the tractor in question. He submits that the petitioner has got no criminal antecedent as disclosed in paragraph No.19 of the petition and the allegations are
2025:JHHC:24645
--2-- A.B.A. No. 4623 of 2025
made that 100 cft. sand was carried in the tractor.
4.
Learned counsel appearing for the State opposes the prayer and submits that illegally the sand was being carried.
5. Considering that the petitioner is the owner-cum-driver of the tractor in question and the petitioner has got no criminal antecedent as disclosed in paragraph No.19 of the petition, I am inclined to provide anticipatory bail to the petitioner.
6. Accordingly, the petitioner, above named, is hereby directed to surrender before the learned Court within three weeks from today, and in the 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 the like amount each, to the satisfaction of learned Chief Judicial Magistrate, Deoghar in connection with Deoghar Town P.S. Case No.176 of 2025, subject to the conditions as laid down under Section 482(2) of Bharatiya Nagarik Suraksha Sanhita, 2023.
(Sanjay Kumar Dwivedi, J.) Sangam/