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2025 DAILYLAW 22862 (JHR)

LAKHAN SAW v. THE STATE OF JHARKHAND

A.B.A./4512/2025 · 2025-08-18

Sanjay Kumar Dwivedi

body2025

Judgment text

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2025:JHHC:24138 IN THE HIGH COURT OF JHARKHAND, RANCHI A.B.A. No. 4512 of 2025 ---- Lakhan Saw aged about 49 years son of Shankar Saw resident of village Pachra, PO and PS Keredari, District Hazaribagh.... Petitioner -- Versus -- The State of Jharkhand .... Opposite Party ---- CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI --- For the Petitioner :- Mr. Rajesh Kr. Singh, Advocate For the State :- Mr. V.K. Vashistha, Advocate ---- 2/18.08.2025 Heard learned counsels for petitioner and for State. 2. The petitioner is apprehending his arrest in connection with Simariya P.S. Case No.76 of 2025, for offence registered under section 317(5), 3(5) of BNS,2023, section 21 of Mines and Minerals (Development and Regulation) Act, 1957, section 54 of Jharkhand Mines and Mineral Concession Rules, 2004 and section 7/13 of Jharkhand Mineral (Prevention of Illegal Mining Transportation and Storage) Rules, 2017, pending in court of learned Additional Chief Judicial Magistrate, Chatra. 3. Learned counsel for the petitioner submits that the petitioner was owner of the tractor in question and the allegation has been made that 100 cft sand was loaded on the same. He submits that the petitioner has got no criminal antecedent as disclosed in paragraph 13. 4. Learned State counsel opposes the prayer and submits that illegally the sand was loaded on the tractor in question. 5. Considering that petitioner is owner of the tractor in question and the allegation has been made that 100 cft sand was loaded on the same and the petitioner has got no criminal antecedent as disclosed in paragraph 13, I am inclined to grant 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 Additional Chief Judicial Magistrate, Chatra, in connection with Simariya P.S. Case No.76 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/