Extracted from the PDF above. The PDF is authoritative.
2025:JHHC:26564 1
IN THE HIGH COURT OF JHARKHAND AT RANCHI
ABA No.5018 of 2025
1. Viveka Nand Kumar aged about 33 years, son Manoj Yadav, resident of Village Jhikuli, P.O. and P.S. Sangrampur, District- Munger (Bihar).
2. Md Murtaz Ansari aged about 33 years, son Peru Miyan, resident of Panchayat Pahrudih, Village Barmsoli, P.O.- Asna, P.S. Palajori, District- Deoghar (Jharkhand)
…. Petitioners
Versus The State of Jharkhand
… Opp. Party
--------
CORAM : HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI
------ For the Petitioners : Mr. Ashish Kr. Thakur, Advocate For the State
: Mrs. Mahua Palit, A.P.P. ------
4/01.09.2025 Heard learned counsel for the petitioners and learned APP appearing for the State.
2. The petitioners are apprehending their arrest in connection with Kundahit P.S. Case No. 13 of 2025, registered for the offences under Section 317(5), 338, 336(3), 340(2) and 3(5) of Bharatiya Nyaya Sanhita, 2023, under Sections 9/13 of the Jharkhand Minerals (Prevention of Illegal Mining) Transportation and Storage Rules, 2017 and Section 4/21 of the Mines and Minerals (Development and Regulation) Act, 1957, pending in the court of learned Additional Chief Judicial Magistrate, Jamtara.
3.
Learned counsel appearing for the petitioners submits that the petitioners are drivers of the different trucks and it has been alleged that on trucks, illegally the coal was being transported. He submits that the said coal was being transported on the valid challan, however, when the inspection was made, the period of challan has already been expired. He also submits that the petitioners are having no criminal antecedent
2025:JHHC:26564 2
and disclosure to that effect has been made in para-18 of the petition.
4. Learned A.P.P. appearing for the State has opposed the prayer and submits that illegally the coal was being carried on the said trucks in absence of any valid challans.
5. Considering that the petitioners are having no criminal antecedent and disclosure to that effect has been made in para-18 of the petition and the petitioners are the drivers of the trucks in question, I am inclined to provide privilege of anticipatory bail to the petitioners.
6. Accordingly, the petitioners, named above, are hereby directed to surrender before the learned court within three weeks from today, and in the event of their surrender/arrest, the petitioners, above named, shall be released on bail, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each, with two sureties of the like amount each, to the satisfaction of learned Additional Chief Judicial Magistrate, Jamtara, in connection with Kundahit P.S. Case No. 13 of 2025, subject to the conditions as laid down under section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
7. Accordingly, this Anticipatory bail application is allowed and
disposed of.
(Sanjay Kumar Dwivedi, J.) R.Kumar