Extracted from the PDF above. The PDF is authoritative.
2025:JHHC:27173
--1-- A.B.A. No. 5128 of 2025
IN THE HIGH COURT OF JHARKHAND, RANCHI
A.B.A. No. 5128 of 2025
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1. Shyamdeo Yadav, aged about 38 years, Son of Badhan Yadav, resident of village – Jashpur, PO – Laratutu Dey and PS – Rajpur, District – Chatra
2. Krishna Yadav, aged about 46 years, son of Amrit Yadav, resident of village – Jashpur, PO – Laratutu Dey and PS – Rajpur, District – Chatra
3. Akash Kumar, aged about 29 years, son of Peman Prajapati, resident of village – Karma, PO – Jogiyara and PS – Rajpur, District – Chatra
4. Suresh Saw, aged about 48 years, son of Khirodhar Saw, resident of village – Chititiya, PO – Laratutu Dey and PS – Rajpur, District – Chatra
.... Petitioners -- Versus --
The State of Jharkhand
.... Opposite Party
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CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI
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For the Petitioners :- Mr. Abhay Kr. Chaturvedy, Advocate
For the State
:- Mr. Sudhir Kr. Mahto, Advocate
---- 04/08.09.2025 Heard learned counsel appearing for the petitioners as well as the learned counsel appearing for the State.
2. The petitioners are apprehending their arrest in connection with Rajpur P.S. Case No.45 of 2025, for the alleged offences registered under Sections 303(2), 317(2) and 3(5) of Bharatiya Nyaya Sanhita, 2023, Section 4/04(1A) of Mines and Minerals Development and Regulation Act, Rule 9 of Jharkhand Minerals (Prevention of Illegal Mining Transportation and Storage) Rule, 2017 and Rule 54 of Jharkhand Minor Mineral Concession Rules, 2004 pending in the Court of learned Judicial Magistrate 1st Class, Chatra.
2025:JHHC:27173
--2-- A.B.A. No. 5128 of 2025
3.
Learned counsel appearing for the petitioners submits that the petitioner No.1 is the owner-cum-driver, petitioner No.2 is the owner, petitioner No.3 is the driver and petitioner No.4 is the owner-cum-driver of different tractors and the allegations are made that 90 cft. of sand was loaded. He submits that the petitioners have got no criminal antecedent as disclosed in paragraph No.12 of the petition.
4.
Learned counsel appearing for the State opposes the prayer and submits that illegally the sand being carried.
5. Considering that petitioner No.1 is the owner-cum-driver, petitioner No.2 is the owner, petitioner No.3 is the driver and petitioner No.4 is the owner-cum-driver of different tractors and the petitioners have got no criminal antecedent as disclosed in paragraph No.12 of the petition, I am inclined to provide anticipatory bail to the petitioners.
6. Accordingly, the petitioners, above named, 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 Judicial Magistrate 1st Class, Chatra in connection with Rajpur P.S. Case No.45 of 2025, subject to the conditions as laid down under Section 482(2) of Bharatiya Nagarik Suraksha Sanhita, 2023.
(Sanjay Kumar Dwivedi, J.) Sangam/