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2025 DAILYLAW 23429 (JHR)

ABDUL MALIK ALIAS ABDUL MALEK v. THE STATE OF JHARKHAND

A.B.A./4717/2025 · 2025-08-25

Sanjay Kumar Dwivedi

body2025

Judgment text

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( 2025:JHHC:25147 ) IN THE HIGH COURT OF JHARKHAND AT RANCHI A. B. A. No. 4717 of 2025 Abdul Malik @ Abdul Malek, aged about 59 years, son of late Kaijul, resident of Piyadapur, P.O. Pakur, P.S. Pakur (T), District-Pakur, Jharkhand ...... … Petitioner Versus The State of Jharkhand .…. … Opposite Party -------- CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI For the Petitioner :Mr. Aman Shekhar, Advocate For the State : Mrs. Shweta Singh, A.P.P. 02/ 25.08.2025: Heard learned counsel for the petitioner and learned counsel for the State. 2. The petitioner is apprehending his arrest in connection with Mirzachouki P.S. Case No. 85 of 2020, registered under sections 379/175 of I.P.C. and section 21 (A), 21 (6)/22 of Mines and Minerals (Development & Regulation) Act, 1957, under Rule 4/54 Jharkhand Miner Minerals Concession Rule, 2004, Rule 07/09 of Jharkhand Minerals (Prevention of illegal Mining Transportation and Storage) Rules, 2017 pending in the Court of learned S.D.J.M, Sahibganj. 3. Learned counsel for the petitioner submits that petitioner is owner of hywa vehicle and allegations are made that hywa vehicle was parked for loading stone chips. He submits that nothing was loaded on the said vehicle. He submits that petitioner has no criminal antecedent which is disclosed in para 9 of the petition. On these grounds, he submits that the petitioner may kindly be provided privilege of anticipatory bail. 4. Learned counsel for the State opposes the prayer and submits that allegations are there that the said vehicle was parked for loading the stone chips. 5. Considering that nothing was found to be loaded on the hywa vehicle and the petitioner is owner of the hywa vehicle, he has no criminal ( 2025:JHHC:25147 ) antecedent which is disclosed in para 9 of the petition, I am inclined to grant anticipatory bail to the petitioner. Accordingly, the above named, petitioner is directed to surrender before the learned court within three weeks from today and in the event of his surrender / arrest, the petitioner shall be released on bail, on furnishing bail bonds of Rs. 25,000/- (twenty five thousand) with two sureties of the like amount each, to the satisfaction of learned S.D.J.M, Sahibganj, in connection with Mirzachouki P.S. Case No. 85 of 2020, subject to conditions as laid down under Section 482 (2) of B.N.S.S, 2023. ( Sanjay Kumar Dwivedi, J.) satyarthi-