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2025 DAILYLAW 22337 (JHR)

MD IRFAN v. THE STATE OF JHARKHAND

A.B.A./4606/2025 · 2025-08-21

Sanjay Kumar Dwivedi

body2025

Judgment text

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( 2025:JHHC:24623 ) IN THE HIGH COURT OF JHARKHAND AT RANCHI A. B. A. No. 4606 of 2025 Md. Irfan aged about 36 years, son of Samsuddin, resident of village Ichak Kala, Post Office Dunduwa, P.S. Simariya, District-Chatra, Jharkhand ...... … Petitioner Versus The State of Jharkhand .…. … Opposite Party -------- CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI For the Petitioner :Mr. Manish Yadav, Advocate For the State :Mrs. Kumari Rashmi, A.P.P. 04/ 21.08.2025: Heard learned counsel for the petitioner and learned counsel for the State. 2. The petitioner is apprehending his arrest in connection with Lawalong P.S. Case No. 36/2025, registered under sections 303(2)/317 (2) of BNS, 2023 under section 4, 4 (1A) Mines and Minerals Development and Regulation Act and under section 4/54 of Jharkhand Minor Mineral Concession Rule, 2004 and under section 9 of the Jharkhand Minerals (Prevention of illegal Mining Transportation and Storage) Rules, pending in the Court of learned Chief Judicial Magistrate, Chatra. 3. Learned counsel for the petitioner submits that petitioner is owner- cum-driver of tractor in question and allegation is made that 100 cft sand was loaded on the said tractor. He submits that petitioner has no criminal antecedent which is disclosed in para 12 of the petition. On these grounds, he submits that the petitioner may kindly be provided privilege of anticipatory bail. 4. Learned counsel for the State opposes the prayer and submits that illegal sand was loaded on the said tractor. 5. Considering that petitioner is owner-cum-driver of tractor in question and he has no criminal antecedent which is disclosed in para 12 of the petition, I am inclined to grant anticipatory bail to the petitioner. Accordingly, the above named, petitioner is directed to surrender before the learned court within three weeks from today and in the event of his surrender / arrest, the petitioner 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 Chief Judicial Magistrate, Chatra, in connection with Lawalong P.S. Case No. 36/2025, subject to conditions as laid down under Section 482 (2) of B.N.S.S, 2023. ( Sanjay Kumar Dwivedi, J.) satyarthi-