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2025 DAILYLAW 22342 (JHR)

BHAWESH SINGH v. THE STATE OF JHARKHAND

A.B.A./4305/2025 · 2025-08-12

Sanjay Kumar Dwivedi

body2025

Judgment text

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( 2025:JHHC:23207 ) -1- A.B.A. No. 4305 of 2025 IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 4305 of 2025 1. Bhawesh Singh, aged about 35 years, son of Nand Kishor Singh, resident of Village Bhusai, P.O. & P.S. Ichak, District- Hazaribagh 2. Rajendra Vishwakarma, aged about 39 years, son of Sukhdeo Vishwakarma, resident of Village Unta, P.O. & P.S. Sadar, District- Chatra … Petitioners -Versus- The State of Jharkhand … Opposite Party ----- CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI ----- For the Petitioners : Mr. Manish Yadav, Advocate For the State : Mr. Subodh Kumar Dubey, A.P.P. ----- 02/12.08.2025 The petitioners are apprehending their arrest in connection with Chatra Sadar P.S. Case No.149/2025, registered for the offence under Sections 303(2)/3(5) of the Bharatiya Nyaya Sanhita, Section 21 of the Mines and Minerals Development and Regulation Act, Rule 54 of the Jharkhand Minor Mineral Concession Rules, 2004 and Rule 13 of the Jharkhand Minerals (Prevention of Illegal Mining, Transportation and Storage) Rules, pending in the Court of the learned Chief Judicial Magistrate, Chatra. 2. Learned counsel for the petitioners submits that petitioner no.1 is the owner and petitioner no.2 is the driver of the tractor. He submits that the allegations are made that 100 CFT sand was loaded on the vehicle in question. He further submits that the petitioners are not having criminal antecedent, as disclosed in paragraph 11 of this application. 3. Learned counsel for the State opposed the prayer and submits that illegally the sand was being carried. 4. Considering that petitioner nos. 1 and 2 are owner and driver of the tractor respectively and they have got no criminal antecedent and in the attending facts and circumstances of the case, I am inclined to extend the ( 2025:JHHC:23207 ) -2- A.B.A. No. 4305 of 2025 privilege of anticipatory bail to the petitioner. 5. Accordingly, the above-named petitioners are directed to surrender before the learned Court within three weeks from today and in the event of their arrest or surrender, they will be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Chatra in connection with Chatra Sadar P.S. Case No. 149/2025, subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. (Sanjay Kumar Dwivedi, J.) Ajay/