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2025 DAILYLAW 22648 (JHR)

MANGAL ORAON v. THE STATE OF JHARKHAND

A.B.A./4511/2025 · 2025-08-18

Sanjay Kumar Dwivedi

body2025

Judgment text

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2025:JHHC:24023 IN THE HIGH COURT OF JHARKHAND, RANCHI A.B.A. No. 4511 of 2025 --------- 1.Mangal Oraon aged about 23 years son of late Chama Oraon resident of Village Dakhini Bharno Pokhratoli PO and PS Bharno District Gumla, Jharkhand 2.Shiv Oraon aged about 28 years son of Mangra Oraon resident of Village Dimba Pipertoli PO and PS Lapung District Ranchi, Jharkhand .... Petitioners -- Versus -- The State of Jharkhand .... Opposite Party ---- CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI --- For the Petitioners :- Mr. K.S.Nanda, Advocate For the State :- Mr. Fahad Allam, Advocate ---- xx/18.08.2025 Heard learned counsels for petitioners and for State. 2. The petitioners are apprehending their arrest in connection with Bharno P.S. Case No.11 of 2025, for offence registered under section 303(2)/317(5)/3(5) of BNS, 2023, section 54 of Jharkhand Minor Minerals Concessions Rules, 2004, section 21 of Mines and Minerals (Development and Regulation) Act, 1957 and section 13 of Jharkhand Minerals (Prevention of Illegal Mining Transportation and Storage) Rules, 2017, pending in court of learned Additional Chief Judicial Magistrate, Gumla. 3. Learned counsel for the petitioners submits that petitioner no.1 is owner and petitioner no.2 is driver of tractor in question. He submits that allegation is there of loading 40 cft sand on the tractor in question. He submits that petitioners have got no criminal antecedent as disclosed in paragraph no.8 of the petition. 4. Learned State counsel opposes the prayer and submits that allegation is there of loading 40 cft sand on the tractor in question. 5. Considering that petitioner no.1 is owner and petitioner no.2 is driver of tractor in question and allegation is there of loading 40 cft sand on the tractor in question and the petitioners have got no criminal antecedent as disclosed in paragraph no.8 of the petition, I am inclined to grant anticipatory bail to the petitioners. 6. Accordingly, the petitioners, above named, are hereby directed to surrender before the learned court within three weeks from today, and in the event of the 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 Additional Chief Judicial Magistrate, Gumla, in connection with Bharno P.S. Case No.11 of 2025, subject to the conditions as laid down under section 482(2) of Bhartiya Nagrik Suraksha Sanhita (BNSS), 2023. ( Sanjay Kumar Dwivedi, J.) SI/