Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF JHARKHAND, RANCHI
A.B.A. No. 4905 of 2025
---- Bipin Das aged about 34 years son of Arjun Das r/o Village Pathuria PO and PS Govindpur Dist. Dhanbad
.... Petitioner -- Versus --
The State of Jharkhand
.... Opposite Party
----
CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI
---
For the Petitioner
:- Mr. Kumar Nilesh, Advocate
For the State
:- Mr. Santosh Kumar Shukla, Advocate
---- 2/28.08.2025 Heard learned counsels for petitioner and for State.
2.
The petitioner is apprehending his arrest in connection with Nirsa P.S. Case No.37 of 2021, for offence registered under section 414/34 IPC, 3(ii) of Coal Mines Act and 4/21 of Mines and Mineral (Development and Regulation) Act, pending in court of learned Judicial Magistrate, First Class, Dhanbad.
3.
Learned counsel for the petitioner submits that allegations are made that 2.5 tons coal was loaded on the motorcycle. He submits that allegations are not there and the petitioner’s name has come on confessional statement. He submits that petitioner is owner of motorcycle which has been seized and petitioner has got no criminal antecedent as disclosed in para 5 of the petition.
4. Learned State counsel opposes prayer and submits that allegations are there of loading of coal and he is owner of the said motorcycle and notice under section 41A CrPC has been not complied with by the petitioner.
5. In view of above and considering that petitioner is owner of the vehicle and has got no criminal antecedent and notice under section 41CrPC has been issued to the petitioner, in that view of the matter, petitioner above named is directed to surrender before learned court within two weeks from today and learned court shall release petitioner, above named, on such terms and conditions as well as sureties as learned court may deem fit and proper.
6. This petition is disposed of.
( Sanjay Kumar Dwivedi, J.) SI/