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2025 DAILYLAW 23627 (JHR)

BATTISH RAUT ALIAS BATTISH PRASAD RAUT v. THE STATE OF JHARKHAND

A.B.A./4748/2025 · 2025-08-26

Sanjay Kumar Dwivedi

body2025

Judgment text

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( 2025:JHHC:25288 ) IN THE HIGH COURT OF JHARKHAND AT RANCHI A. B. A. No. 4748 of 2025 Battish Raut @ Battish Prasad Raut, aged about 60 years, son of late Lakhi Raut @ Lakhi Prasad Raut, resident of village Kadrasal, P.O. Kadrasal, P.S. Palajori, District-Deoghar, Jharkhand ...... … Petitioner Versus The State of Jharkhand .…. … Opposite Party -------- CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI For the Petitioner :Mr. Anurag Kashyap, Advocate Mrs. Supriya Dayal, Advocate For the State : Mr. Rajesh Kumar, A.P.P. 02/ 26.08.2025: Heard learned counsel for the petitioner and learned counsel for the State. 2. The petitioner is apprehending his arrest in connection with Jama P.S. Case No. 30 of 2025, registered under sections 317(5), 3 (5) of BNS, 2023 and under section 4/21 of Mines and Minerals (Development & Regulation) Act, 1957, under Rule 4/54 Jharkhand Miner Minerals Concession Rule, 2004, under section 9/13 of Jharkhand Minerals (Prevention of illegal Mining Transportation and Storage) Rules, 2017 pending in the Court of learned Chief Judicial Magistrate, Dumka. 3. Learned counsel for the petitioner submits that petitioner is driver of tractor in question and allegation is made that 100 cft sand was loaded on the said tractor. He submits that the said sand was being carried out on the letter issued by Mukhia in the light of annexure-2 for Abua Awas of Government of Jharkhand Scheme and petitioner has no criminal antecedent which is disclosed in para 18 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 ( 2025:JHHC:25288 ) that illegally sand was being carried out on the said tractor. 5. Considering that petitioner is driver of tractor in question and he has no criminal antecedent which is disclosed in para 18 of the petition and the sand was being carried out on the letter issued by the Mukhia, 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 Chief Judicial Magistrate, Dumka, in connection with Jama P.S. Case No. 30 of 2025, subject to conditions as laid down under Section 482 (2) of B.N.S.S, 2023. ( Sanjay Kumar Dwivedi, J.) satyarthi-