Extracted from the PDF above. The PDF is authoritative.
2025:JHHC:25355
--1-- A.B.A. No. 4765 of 2025
IN THE HIGH COURT OF JHARKHAND, RANCHI
A.B.A. No. 4765 of 2025
---- Bablu Mahato, aged about 34 years, son of Shibu Mahato, resident of village – Ghoranegi, PO – Ghoranegi, PS – Chandil, District – Seraikela, Kharsawan, Jharkhand
.... Petitioner -- Versus --
The State of Jharkhand
.... Opposite Party
----
CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI
---
For the Petitioner :- Mr. Zaid Ahmed, Advocate
:- Ms. Kehkashan Afsheen, Advocate
For the State
:- Mr. Shailesh Kr. Sinha, Advocate
---- 04/26.08.2025 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 Bodam P.S. Case No.17 of 2025, for the alleged offences registered under Sections 317 and 3(5) of Bharatiya Nyaya Sanhita, 2023, Section 21 of Mines and Minerals (Development & Regulation) Act, 1957, Rule 4/54 of Jharkhand Minor Mineral Concession Rules, 2004 and Rule 13 of Jharkhand Mineral (Prevention of Illegal Mining, Transportation and Storage) Rules pending in the Court of learned Judicial Magistrate 1st Class, Jamshedpur.
3.
Learned counsel appearing for the petitioner submits that the petitioner happened to be the driver of the Hywa in question and the allegations are made that 750 cft. of sand was loaded in the
2025:JHHC:25355
--2-- A.B.A. No. 4765 of 2025
said hywa. He submits that the petitioner has got no criminal antecedent as disclosed in paragraph No.10 of the petition.
4.
Learned counsel appearing for the State opposes the prayer and submits that illegally the sand was loaded in the hywa,
5. Considering that the petitioner happened to be the driver of the Hywa in question and the petitioner has got no criminal antecedent as disclosed in paragraph No.10 of the petition, 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 1st Class, Jamshedpur in connection with Bodam P.S. Case No.17 of 2025, subject to the conditions as laid down under Section 482(2) of Bharatiya Nagarik Suraksha Sanhita, 2023.
(Sanjay Kumar Dwivedi, J.) Sangam/