Extracted from the PDF above. The PDF is authoritative.
[2025:JHHC:25148] -1-
IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No. 4711 of 2025
Shoaib Ahmad, aged about 47 years, son of Sajjad, Resident of Village Naraipur, P.Ο. Rangdih, P.S. Saraimeer, District Azamgarh, State Uttar Pradesh.
..... … Petitioner
Versus The State of Jharkhand
..... … Opposite Party
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CORAM : HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI
------ For the Petitioner : Mr. Rajarshi Sarkar, Advocate. For the State
: Mr. V.K. Vashistha, Spl.P.P. ------
05/ 25.08.2025 Heard learned counsel appearing for the petitioner and learned Spl.P.P. for the State.
2.
The petitioner is apprehending his arrest in connection with Chouparan P.S. Case No. 72 of 2025, registered for the alleged offence under Sections 303(2), 317(5) and 3(5) of the Bharatiya Nyaya Sanhita, 2023, Section 21 of the Mines and Minerals (Development and Regulation) Act, 1957, Rules 9/13 of the Jharkhand Minerals (Prevention of Illegal Mining Transportation and Storage) Rules, 2017, Rule-54 of Jharkhand Minor Mineral Concession Rules, 2004, Section 30(ii) of Coal Mines Act and Section 33 of the Indian Forest Act, pending in the Court of learned Judicial Magistrate, 1st Class, Hazaribagh.
3.
Learned counsel appearing for the petitioner submits that the petitioner is the owner-cum-driver of the truck in question and allegations are made that 30 tons coal was loaded on the said truck. He submits that the petitioner has got no criminal antecedent and disclosure to that effect has been made in para-17 of the petition.
4.
Learned Spl.P.P. appearing for the State has opposed the prayer and submits that 30 tons illegal coal was loaded on the truck in question.
[2025:JHHC:25148] -2-
5.
Considering that the petitioner is the owner-cum-driver of the truck in question and he has got no criminal antecedent and disclosure to that effect has been made in para-17 of the petition and the consignment of the coal was booked by another person, I am inclined to grant anticipatory bail to the petitioner.
6.
Accordingly, the petitioner, named above, is directed to surrender before the learned court within three weeks from today and in the event of his surrender / arrest, the petitioner, named above, shall be released on bail, on furnishing bail bonds of Rs. 25,000/- (twenty- five thousand), with two sureties of the like amount each, to the satisfaction of learned Judicial Magistrate, 1st Class, Hazaribagh, in connection with Chouparan P.S. Case No. 72 of 2025, subject to conditions as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
(Sanjay Kumar Dwivedi, J.) Amitesh/-