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2025 DAILYLAW 22228 (JHR)

MUKESH KUMAR v. THE STATE OF JHARKHAND

A.B.A./4487/2025 · 2025-08-18

Sanjay Kumar Dwivedi

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2025:JHHC:23936] -1- IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 4487 of 2025 1. Mukesh Kumar aged about 40 years, son of Ramdev Yadav, resident of Banouli Mahuli, Kharagpur Haaweli, P.O. and P.S. Kharagpur, District-Munger (Bihar). 2. Md. Rajaul Ansari aged about 34 years, son of Md Rasid Miyan, resident of House No. 76, Baramsoli, P.O.- Bansbutia P.S. Palajori, District- Deoghar (Jharkhand). ..... … Petitioners Versus The State of Jharkhand ..... … Opposite Party -------- CORAM : HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI ------ For the Petitioners : Mr. Ashish Kumar Thakur, Advocate. For the State : Mr. P.K. Chatterejee, Spl.P.P. ------ 04/ 18.08.2025 Heard learned counsel for the petitioners and learned Spl.P.P. appearing for the State. 2. The petitioners are apprehending their arrest in connection with Kundait P.S. Case No. 13 of 2025, registered for the offences under Section 317(5), 338, 336(3), 340(2) and 3(5) of Bharatiya Nyaya Sanhita, 2023, Rule 9/13 of the Jharkhand Minerals (Prevention of Illegal Mining Transportation and Storage) Rules, 2017, Section 4/21 of the Mines and Minerals (Development and Regulation) Act, 1957, pending in the court of learned Additional Chief Judicial Magistrate, Jamtara. 3. Learned counsel appearing for the petitioners submits that the petitioners are owners of two different trucks and it has been alleged that on both the trucks illegally the coal was being transported. He submits that the said coal was being transported on the valid challan, however, when the inspection was made, the period of challan [2025:JHHC:23936] -2- has already been expired. He further submits that the petitioners are nothing to do with the said coal, however, the same was directed to be booked by one Aastha Traders. He also submits that the petitioners are having no criminal antecedent and disclosure to that effect has been made in para-20 of the petition. 4. Learned A.P.P. appearing for the State has opposed the prayer and submits that illegally the coal was being carried on the said trucks in absence of any valid challans. 5. Considering that the petitioners are having no criminal antecedent and disclosure to that effect has been made in para-20 of the petition and the petitioners are the owners of the trucks in question and further they have denied the said coal of the petitioners and the same has been booked by one Aastha Traders, I am inclined to provide privilege of anticipatory bail to the petitioners. 6. Accordingly, the petitioners, named above, are hereby directed to surrender before the learned court within three weeks from today, and in the event of their surrender/arrest, the petitioners, above named, shall be released on bail, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each, with two sureties of the like amount each, to the satisfaction of learned Additional Chief Judicial Magistrate, Jamtara, in connection with Kundait P.S. Case No. 13 of 2025, subject to the conditions as laid down under section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. (Sanjay Kumar Dwivedi, J.) Amitesh/-