Extracted from the PDF above. The PDF is authoritative.
[2025:JHHC:25545] -1-
IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No. 4844 of 2025
1. Dilip Yadav, aged about 42 years, son of Kamta Pot Ray, resident of village Khawaspur Kala, P.O.+P.S.-Doriganj, District- Saran, Bihar.
2. Navin Kumar Yadav, aged about 43 years, son of Surendra Prasad, resident of village Zilkabad, P.O.+P.S.- Pachhiriya, District- Saran, Bihar.
3. Ramanuj Ray, aged about 57 years, son of Jagnarayan Ray, resident of village Lodipur Chirand, P.O.+P.S.-Saran, District- Saran, Bihar.
4. Vikash Kumar, aged about 32 years, son of Jayram Ray, village Lodipur-Chirand, P.O.+P.S.- Saran, District- Saran, Bihar.
..... … Petitioners
Versus The State of Jharkhand
..... … Opposite Party
--------
CORAM : HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI
------ For the Petitioner : Mr. Anurag Kashyap, Advocate. For the State
: Mrs. Mohua Palit, A.P.P. ------
05/ 27.08.2025 Heard learned counsel appearing for the petitioner and learned A.P.P. for the State.
2.
The petitioners are apprehending their arrest in connection with Hunterganj P.S. Case No. 03 of 2018, registered for the alleged offence under Sections 175, 379, 411, 414, 420, 406, 34 and 120-B of the Indian Penal Code, Rule-4/54 of Jharkhand Minor Mineral Concession Rules, 2004, Section 4/21 of the Mines and Minerals (Development and Regulation) Act, 1957, Rule 3, 8 and 9 of the Jharkhand Minerals (Prevention of Illegal Mining Transportation and Storage) Rules, 2017 and Sections 130, 177, 192, 122, 177, 122/127, 132/197, 66, 192-A, 118, 190 of M.V. Act, pending in the Court of learned Judicial Magistrate, 1st Class, Chatra.
3.
Learned counsel appearing for the petitioners submits that the petitioners are the owners of the different hywa trucks and he
[2025:JHHC:25545] -2-
submits that the FIR was lodged in the year 2018 and now the petitioners have received the notice under Section 41-A of the Cr.P.C. He submits that even the hywa trucks have not been seized, however, allegations are made that huge numbers of trucks are involved in illegal excavating and transporting the sand and the said allegations are made against more than 100 of trucks. He further submits that the other c- accused persons have already been provided the privilege of anticipatory bail in A.B.A. Nos. 459 of 2024, 1060 of 2018, 1112 of 20181348 of 2023 and 922 of 2023.
4.
Learned A.P.P appearing for the State has opposed the prayer and submits that even the notice under Section 41-A Cr.P.C. has been issued to the petitioners.
5.
In view of the above and considering that the petitioners have already received the notice under Section 41-A of the Cr.P.C. and also considering the judgment of Hon’ble Supreme Court in the case of Satender Kumar Antil Versus Central Bureau of Investigation & Anr., reported in (2022) 10 SCC 51, the petitioners, above named, are
directed to surrender before the learned Court within two weeks from today and the learned Court shall release the petitioners on the appropriate terms and conditions or on sureties as may deem fit and proper by the learned Court.
(Sanjay Kumar Dwivedi, J.) Amitesh/-