MD. SHORAF ANSARI ALIAS SHORAF v. THE STATE OF JHARKHAND
A.B.A./4424/2025 · 2025-08-14
Sanjay Kumar Dwivedi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 22863 (JHR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 22863 (JHR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
2025:JHHC:23894
--1-- A.B.A. No. 4424 of 2025
IN THE HIGH COURT OF JHARKHAND, RANCHI
A.B.A. No. 4424 of 2025
---- Md. Shoraf Ansari @ Shoraf, aged 26 years, S/o Md. Rahman Ansari, R/o Tetariaya Bartalla, PO and PS – Mirzachowki, District – Sahibganj, State - Jharkhand .... Petitioner -- Versus --
The State of Jharkhand
.... Opposite Party
----
CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI
---
For the Petitioner :- Ms. Saba Ali, Advocate
For the State
:- Mr. Shiv Shankar Kumar, Advocate
---- 02/14.08.2025 Heard learned counsel appearing for the petitioner as well as the learned counsel appearing for the State.
2. The petitioner is apprehending his arrest in connection with Mirzachouki P.S. Case No.85 of 2020 for the alleged offences registered under Sections 175 and 379 of Indian Penal Code, Sections 21(A), 21(6)/22 of Mines and Minerals (Development & Regulation) Act, 1957, Rule 4/54 of Jharkhand Mines Mineral Concession Rules, 2004 and under Rule 7/9 of Jharkhand Minerals (Prevention of Illegal Mining Transportation and Storage) Rule, 2017, pending in the Court of learned S.D.J.M., Sahibganj.
3.
Learned counsel appearing for the petitioner submits that the petitioner happened to be the driver of one of the hywa in question and the allegations are made that hywa has been stationed for loading the stone chips. He submits that the petitioner
2025:JHHC:23894
--2-- A.B.A. No. 4424 of 2025
has got no criminal antecedent as disclosed in paragraph No.17 of the petition. He further submits that the owner and driver of another vehicle have already been granted anticipatory bail in ABA Nos.389 of 2021 and 439 of 2021.
4.
Learned counsel appearing for the State opposes the prayer and submits that even notice under Section 41A of Cr.P.C. has been issued and the petitioner has not cooperated.
5. In view of the above and considering that the petitioner has got no criminal antecedent as disclosed in paragraph No.17 of the petition, the petitioner is directed to surrender before the learned Court within two weeks and the learned Court shall release the petitioner on such terms and conditions or the sureties as the learned Court may deem fit and proper.
(Sanjay Kumar Dwivedi, J.) Sangam/