Extracted from the PDF above. The PDF is authoritative.
2025:JHHC:23876
-1- A.B.A. No. 4376 of 2025
IN THE HIGH COURT OF JHARKHAND, RANCHI
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A.B.A. No. 4376 of 2025
---- 1.Bishwanath Baraik aged about 35 years son of Laxman Baraik resident of Village Kamte Thana Post Office-Kamte Police Station Raidih, District Gumla 2.Manoj Kumar Toppo, aged about 50 years son of Samuel Toppo resident of Village Mariyam Toli, Kasir, Post Office and Police Station-Gumla, District -Gumla
.... Petitioners -- Versus --
The State of Jharkhand
.... Opposite Party
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CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI
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For the Petitioners
:- Mr. Ritesh Kumar, Advocate
For the State
:- Mr. Prabir Kr. Chatterjee, Advocate
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2/13.08.2025 Heard the learned counsel for the petitioners as well as the learned counsel for the State.
2.
The petitioners are apprehending their arrest in connection with Raidih P.S. Case No.40 of 2025 for the offence registered under sections 303(2)/317/3(5) of BNS, 2023 and section 4/54 of Jharkhand Minor Mineral Concession Rules, 2004 and section 7/9 of Jharkhand Minerals (Prevention of Illegal Mining, Transportation and Storage) Rules, 2017, pending in the court of learned Judicial Magistrate First Class Gumla.
3.
Learned counsel for the petitioners submits that the petitioner nos.1 and 2 are the owners of different tractors and the allegation has been made that 100 cft sand was loaded on the said tractors and the petitioners have not got any criminal antecedent as disclosed in paragraph no.18. He further submits that driver has been granted anticipatory bail.
4.
Learned counsel for the State opposed the prayer and submits that illegally the sand was being carried on the said tractors.
5. Considering that the petitioners are the owners of the tractors and the petitioners have got no criminal antecedent as disclosed in paragraph no.18 of the petition and the driver has been granted
2025:JHHC:23876
-2- A.B.A. No. 4376 of 2025
anticipatory bail, I am inclined to grant anticipatory bail to both the petitioners.
6. Accordingly, both the petitioners, above named, are hereby
directed to surrender before the learned court within three weeks from today, and in the event of their surrender/arrest, both 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 Judicial Magistrate First Class, Gumla in connection with Raidih P.S. Case No.40 of 2025, subject to the conditions as laid down under section 482(2) of the Bhartiya Nagrik Suraksha Sanhita (BNSS), 2023.
( Sanjay Kumar Dwivedi, J.) SI/