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2025 DAILYLAW 2386 (JHR)

VIKASH AGARWAL ALIAS VIKASH KUMAR AGARWAL v. THE STATE OF JHARKHAND

A.B.A./14/2025 · 2025-01-08

Anil Kumar Choudhary

body2025

Judgment text

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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No.14 of 2025 ------ Vikash Agarwal @ Vikash Kumar Agarwal .... .... …. Petitioner Versus The State of Jharkhand .... .... .... Opposite Party ------ CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioner : Mr. R. S. Mazumdar, Sr. Advocate Mr. Rohan Mazumdar, Advocate For the State : Mr. Prabir Kumar Chatterjee, Spl.P.P ------ Order No.02 Dated- 08-01-2025 Heard the parties. Apprehending his arrest in connection with Nirsa P.S. Case No.214 of 2024 instituted under Sections 303(2), 317(2) of the B.N.S., 2023, Section 21 of Mines and Minerals (Development & Regulation) Act, 1957 and under Rule 13 of the Jharkhand Minor Mineral Concessions Rules, 2004, the petitioner has moved this Court for grant of privileges of anticipatory bail. Learned senior counsel appearing for the petitioner submits that the allegation against the petitioner is that the petitioner is the proprietor of M/s Saksham Udyog and from the same, illegally excavated coal was recovered. It is next submitted that the allegation against the petitioner is false and that the said plant is closed since the year 2022 and is not engaged in any commercial or industrial activity. Drawing attention of this Court towards para-16 of the instant bail application, learned counsel for the petitioner submits that the petitioner has no criminal antecedent. It is lastly submitted that the petitioner undertakes to co-operate with the investigation of the case and to furnish sufficient security including cash security. Hence, it is submitted that the petitioner be given the privileges of anticipatory bail. Learned Spl.P.P appearing for the State opposes the prayer for anticipatory bail of the petitioner. Considering the submissions of learned counsels and the facts and circumstances stated above, I am inclined to grant privileges of anticipatory bail to the petitioner. Accordingly, the petitioner is directed to surrender in the Court below within eight weeks from today and in the event of his arrest or surrendering, he will be enlarged on bail on depositing Rs.1,00,000/- as cash security and on furnishing bail bond of Rs.25,000/- (Twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-1st Class, Dhanbad in connection with Nirsa P.S. Case No.214 of 2024 with the condition that he will co-operate with the investigation of the case and appear before the investigating officer as and when noticed by him and furnish his mobile number and photocopy of the Aadhar Card with an undertaking that he will not change his mobile number during the pendency of the case and further conditions as laid down under Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. (Anil Kumar Choudhary, J.) Saroj/