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2025 DAILYLAW 24057 (JHR)

PARMANAND KUMAR YADAV ALIAS PARMANAND YADAV v. THE STATE OF JHARKHAND

A.B.A./4970/2025 · 2025-09-01

Sanjay Kumar Dwivedi

body2025

Judgment text

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2025:JHHC:26355 --1-- A.B.A. No. 4970 of 2025 IN THE HIGH COURT OF JHARKHAND, RANCHI A.B.A. No. 4970 of 2025 ---- 1. Parmanand Kumar Yadav @ Parmanand Yadav, aged about 30 years, son of Ram Kishor Yadav, resident of village – Moriyawan, PO and PS – Telaiya, District – Koderma 2. Kishor Yadav, aged about 34 years, son of Basudev Yadav 3. Pintu Kumar Yadav, aged about 30 years, son of Sarju Yadav, both are residents of village – Kosmadih, PO and PS – Jainagar, District - Koderma .... Petitioners -- Versus -- The State of Jharkhand .... Opposite Party ---- CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI --- For the Petitioners :- Mr. Randhir Kumar, Advocate For the State :- Mr. Prabir Kr. Chatterjee, Advocate ---- 02/01.09.2025 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 Jainagar P.S. Case No.159 of 2025, for the alleged offences registered under Sections 317(4) of Bharatiya Nyaya Sanhita, 2023, Rule 54 of Jharkhand Minor Mineral Concession Rules, 2004 and under Rule 13 of Jharkhand Minerals (Prevention of Illegal Mining Transportation and Storage) Rule, 2017 pending in the Court of learned Sub-Divisional Judicial Magistrate, Koderma. 3. Learned counsel appearing for the petitioners submits that the petitioners are the driver-cum-owner of the Tractor in question and the allegations are made that 100 cft. sand was being carried in 2025:JHHC:26355 --2-- A.B.A. No. 4970 of 2025 the said tractor. He submits that the petitioners have got no criminal antecedent as disclosed in paragraph No.11 of the petition. 4. Learned counsel appearing for the State opposes the prayer and submits that illegally sand was being carried. 5. Considering that the petitioners are the driver-cum-owner of the Tractor in question and the petitioners have got no criminal antecedent as disclosed in paragraph No.11 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 Sub-Divisional Judicial Magistrate, Koderma in connection with Jainagar P.S. Case No.159 of 2025, subject to the conditions as laid down under Section 482(2) of Bharatiya Nagarik Suraksha Sanhita, 2023. (Sanjay Kumar Dwivedi, J.) Sangam/