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2025 DAILYLAW 22846 (JHR)

IRSAD SAI v. THE STATE OF JHARKHAND

A.B.A./4826/2025 · 2025-08-27

Sanjay Kumar Dwivedi

body2025

Judgment text

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( 2025:JHHC:25519 ) IN THE HIGH COURT OF JHARKHAND AT RANCHI A. B. A. No. 4826 of 2025 Irsad Sai, aged about 43 years, son of Tasim Sai, resident of village Murgu, P.O. Kesha, P.S. Sisai, District-Ranchi, Jharkhand ...... … Petitioner Versus The State of Jharkhand .…. … Opposite Party -------- CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI For the Petitioner :Mr. Shyam Sunder P.D. Kushwaha, Advocate For the State : Mrs. Mahua Palit, A.P.P. 03/ 27.08.2025: Heard learned counsel for the petitioner and learned counsel for the State. 2. The petitioner is apprehending his arrest in connection with Jariyagarh P.S. Case No. 15/2025, registered under sections 317(5)/3 (5) of BNS, 2023, under section 4/21 of Mines and Minerals (Development & Regulation) Act, 1957, under Rule 54 Jharkhand Miner Minerals Concession Rule, 2004, under Rule 7/9/13 of Jharkhand Minerals (Prevention of illegal Mining Transportation and Storage) Rules, 2017 pending in the Court of learned Chief Judicial Magistrate, Khunti. 3. Learned counsel for the petitioner submits that petitioner is driver of Tata Turbo in question and allegation is made that 300 cft sand was loaded on the said vehicle. He submits that petitioner has no criminal antecedent which is disclosed in para 4 of supplementary affidavit. He submits that co-accused has been granted anticipatory bail in A.B.A. No. 4662 of 2025 who happens to owner of the vehicle. 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 vehicle. 5. Considering that owner has been granted anticipatory bail in the ( 2025:JHHC:25519 ) aforesaid A.B.A and petitioner is driver having no criminal antecedent, 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 Chief Judicial Magistrate, Khunti, in connection with Jariyagarh P.S. Case No. 15/2025, subject to conditions as laid down under Section 482 (2) of B.N.S.S, 2023. ( Sanjay Kumar Dwivedi, J.) satyarthi-