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2025 DAILYLAW 22869 (JHR)

BALESHWAR SAO v. STATE OF JHARKHAND

A.B.A./4426/2025 · 2025-08-14

Sanjay Kumar Dwivedi

body2025

Judgment text

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2025:JHHC:23750 --1-- A.B.A. No. 4426 of 2025 IN THE HIGH COURT OF JHARKHAND, RANCHI A.B.A. No. 4426 of 2025 ---- 1. Baleshwar Sao aged about 47 years son of Dukhan Sao. 2. Pankaj Kumar aged about 44 years son of Kanhaiya Sao Both are residents of village Teliyadih, P.O. Khadhaiya Police Station-Tandwa, District-Chatra. 3. Ishwar Sao aged about 57 years son of Girdhari Sao Resident of village Ara, P.O. Tapej, Police Station Chatra District-Chatra. 4. Chetlal Kumar Sao aged about 35 years son of Baleshwar Sao Resident of village Talaswar, P.O. and police station- Barkagaon, District-Hazaribagh. .... Petitioners -- 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. Vishwanath Roy, A.P.P. ---- 02/14.08.2025 Heard learned counsel appearing for the petitioner as well as the learned counsel appearing for the State. 2. The petitioners are apprehending their arrest in connection with Simariya P.S. Case No. 88 of 2025, for the alleged offences registered under Sections 317 (5), 3(5) of Bharatiya Nyaya Sanhita, 2023, Section 21 of Mines and Minerals (Development and Regulation) Act 1957, section 54 of Jharkhand Mines Mineral Concession Rules 2004 and Section 7/13 of Jharkhand Mineral (Prevention of illegal Mining Transportation & Storage) Rule 2017, pending in the Court of learned Additional Chief Judicial Magistrate, Chatra. 2025:JHHC:23750 --2-- A.B.A. No. 4426 of 2025 3. Learned counsel appearing for the petitioner submits that petitioners are the owners of four different tractors and the FIR is against all these petitioners. He furthers submits that the allegations are made that 100 CFT sand was loaded in the tractors and the petitioners have got no criminal antecedent as disclosed in paragraph no. 13 of the petition. 4. Learned counsel appearing for the State opposes the prayer and submits that illegally the sand was being carried in the said tractors. 5. Considering that the petitioners are the owners of the tractors and the petitioners have got no criminal antecedent as disclosed in paragraph No. 13 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 his surrender/arrest, the petitioners, 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. 88 of 2025, subject to the conditions as laid down under Section 482(2) of Bharatiya Nagarik Suraksha Sanhita, 2023. (Sanjay Kumar Dwivedi, J.) Rashmi/