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2025 DAILYLAW 22784 (JHR)

BIRENDRA KUMAR YADAV ALIAS VIRENDRA KUMAR YADAV v. THE STATE OF JHARKHAND

A.B.A./4668/2025 · 2025-08-22

Sanjay Kumar Dwivedi

body2025

Judgment text

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( 2025:JHHC:24836 ) IN THE HIGH COURT OF JHARKHAND AT RANCHI A. B. A. No. 4668 of 2025 Birendra Kumar Yadav @ Virendra Kumar Yadav, aged about 31 years, son of Arjun Yadav, resident of village-Bandasingha, P.O. Belkapi, P.S. Gorhar, District-Hazaribagh ...... … Petitioner Versus The State of Jharkhand .…. … Opposite Party -------- CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI For the Petitioner :Mr. Randhir Kumar, Advocate For the State : Mr. Prabir Kumar Chatterjee, Spl.P.P. 02/ 22.08.2025: Heard learned counsel for the petitioner and learned counsel for the State. 2. The petitioner is apprehending his arrest in connection with Jainagar P.S. Case No. 46 of 2025, registered under section 317 (4) of BNS, 2023, Rule 13 of Jharkhand Minerals (Prevention of illegal Mining Transportation and Storage) Rules, 2017 and Rule 54 of Jharkhand Minor Minerals Concession Rule, 2004, pending in the Court of learned S.D.J.M, Koderma. 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 14 of the petition and other co-accused persons have been granted anticipatory bail in A.B.A. Nos. 2883/2025 and A.B.A. No. 3059 of 2025. 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 illegally sand was being carried out on the said tractor. 5. Considering that petitioner is owner-cum-driver of tractor in question, he has no criminal antecedent which is disclosed in para 14 of the petition and other co-accused persons have been granted anticipatory bail in ( 2025:JHHC:24836 ) the aforesaid A.B.As, 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 S.D.J.M, Koderma, in connection with Jainagar P.S. Case No. 46 of 2025, subject to conditions as laid down under Section 482 (2) of B.N.S.S, 2023. ( Sanjay Kumar Dwivedi, J.) satyarthi-