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2025 DAILYLAW 22606 (JHR)

NIRANJAN PANDIT v. THE STATE OF JHARKHAND

A.B.A./4441/2025 · 2025-08-14

Sanjay Kumar Dwivedi

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2025:JHHC:23811] -1- IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 4441 of 2025 1. Niranjan Pandit, aged about 58 Years, S/O- Late Motilal Pandit, 2. Aryan Pandit, aged about 36 years, S/o- Niranjan Pandit, Both are the resident of village- Fuljori, P.O- Chalna Dhobna, P.S. Jamtara, District-Jamtara, Jharkhand. ..... … Petitioners Versus The State of Jharkhand ..... … Opposite Party -------- CORAM : HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI ------ For the Petitioners : Mr. Vijay Bahadur Singh, Advocate. For the State : Mr. Rajneesh Vardhan, A.P.P. ------ 03/ 14.08.2025 Heard learned counsel for the petitioners and learned A.P.P. appearing for the State. 2. The petitioners are apprehending their arrest in connection with Jamtara P.S. Case No. 78 of 2025, registered for the offences under Section 303(2) of Bharatiya Nyaya Sanhita, 2023, Section 21 of the Mines and Minerals (Development and Regulation) Act, 1957, Rule 13 of the Jharkhand Minerals (Prevention of Illegal Mining Transportation and Storage) Rules, 2017, pending in the court of learned Chief Judicial Magistrate, Jamtara. 3. Learned counsel appearing for the petitioners submits that the petitioner No. 1 is the owner and petitioner No. 2 is son and driver of the tractor in question and it has been alleged that 110 CFT sand was being carried on the said tractor for the construction of their own house. He submits that the petitioners are having no criminal antecedent and disclosure to that effect has been made in para-10 of the petition. 4. Learned A.P.P. appearing for the State has opposed the [2025:JHHC:23811] -2- prayer and submits that illegally the sand was being carried on the said tractor. 5. Considering the allegation is made that 110 CFT sand was being carried on the tractor in question and it was pointed out that it was for construction of their house and further the petitioners are having no criminal antecedent and disclosure to that effect has been made in para-10 of the petition, I am inclined to provide privilege of anticipatory bail to the petitioners. 6. Accordingly, the petitioners, named above, are hereby directed to surrender before the learned court within three weeks from today, and in the event of their surrender/arrest, the petitioners, above named, shall be released on bail, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each, with two sureties of the like amount each, to the satisfaction of learned Chief Judicial Magistrate, Jamtara, in connection with Jamtara P.S. Case No. 78 of 2025, subject to the conditions as laid down under section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. (Sanjay Kumar Dwivedi, J.) Amitesh/-