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2025 DAILYLAW 22256 (JHR)

SUBHASH CHANDRA MAHATO v. THE STATE OF JHARKHAND

A.B.A./4545/2025 · 2025-08-20

Sanjay Kumar Dwivedi

body2025

Judgment text

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2025:JHHC:24366 --1-- A.B.A. No. 4545 of 2025 IN THE HIGH COURT OF JHARKHAND, RANCHI A.B.A. No. 4545 of 2025 ---- Subhash Chandra Mahato, S/o Jivlal Mahato, aged 40 years, resident of village – Dumrardaha, PO – Bijulia, PS – Chas Mufasil, District – Bokaro, Jharkhand .... Petitioner -- Versus -- The State of Jharkhand .... Opposite Party ---- CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI --- For the Petitioner :- Mr. Satya Narayan Kumar, Advocate For the State :- Mr. Prabir Kr. Chatterjee, Advocate ---- 02/20.08.2025 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 Mohuda (Bhatdih O.P.) P.S. Case No.0008 of 2025, for the alleged offences registered under Sections 317(2) and 3(5) of Bharatiya Nyaya Sanhita, 2023, Section 21 of Mines and Minerals (Development & Regulation) Act, Rule 13 of Jharkhand Minerals (Prevention of Illegal Mining Transportation and Storage) Rule, 2017 pending in the Court of learned Judicial Magistrate First Class, Dhanbad. 3. Learned counsel appearing for the petitioner submits that the petitioner has got no criminal antecedent as disclosed in paragraph No.14 of the petition. He further submits that the allegations are made that on motorcycle four tons of coal was 2025:JHHC:24366 --2-- A.B.A. No. 4545 of 2025 loaded and the said coal was being carried by the petitioner for his own use. 4. Learned counsel appearing for the State opposes the prayer and submits that illegally the coal was being carried. 5. Considering that the petitioner has got no criminal antecedent as disclosed in paragraph No.14 of the petition and the coal was said to be carried for his own use, 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 Judicial Magistrate First Class, Dhanbad in connection with Mohuda (Bhatdih O.P.) P.S. Case No.0008 of 2025, subject to the conditions as laid down under Section 482(2) of Bharatiya Nagarik Suraksha Sanhita, 2023. (Sanjay Kumar Dwivedi, J.) Sangam/