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2025 DAILYLAW 24074 (JHR)

DIPU KUMAR YADAV v. THE STATE OF JHARKHAND

A.B.A./5125/2025 · 2025-09-08

Sanjay Kumar Dwivedi

body2025

Judgment text

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2025:JHHC:27134 --1-- A.B.A. No. 5125 of 2025 IN THE HIGH COURT OF JHARKHAND, RANCHI A.B.A. No. 5125 of 2025 ---- 1. Dipu Kumar Yadav, aged about 30 years, son of Baleshwar Yadav 2. Mukesh Kumar Yadav, aged about 28 years, son of Baleshwar Yadav, both are residents of village – Birajpur, PO – Haphuwa, PS – Sadar, District – Chatra 3. Mahendra Yadav @ Mahendra Yaav, aged about 50 years, son of Baldev Yadav, resident of village – Changer, PO – Chatra, PS – Sadar, District – Chatra .... Petitioners -- Versus -- The State of Jharkhand .... Opposite Party ---- CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI --- For the Petitioners :- Mr. Rajesh Kr. Singh, Advocate For the State :- Mr. Mohua Palit, Advocate ---- 03/08.09.2025 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 Sadar P.S. Case No.119 of 2022, for the alleged offences registered under Section 414 of Indian Penal Code and Section 33 of Forest Act pending in the Court of learned Judicial Magistrate 1st Class, Chatra. 3. Learned counsel appearing for the petitioners submits that the petitioners have nothing to do with the tractor or the coal and they are neither the owner nor the driver of the tractor and even the coal is not belonging to the petitioners. He submits that the 2025:JHHC:27134 --2-- A.B.A. No. 5125 of 2025 false allegations are made that on the tractor coal was being loaded by the petitioners. He submits that the petitioners have got no criminal antecedent as disclosed in paragraph No.15 of the petition. 4. Learned counsel appearing for the State opposes the prayer and submits that petitioners were involved in loading of coal. 5. Considering that the petitioners have got no criminal antecedent as disclosed in paragraph No.15 of the petition and even the petitioners are neither the owner nor the driver of the said tractor, 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 Sadar P.S. Case No.119 of 2022, subject to the conditions as laid down under Section 482(2) of Bharatiya Nagarik Suraksha Sanhita, 2023. (Sanjay Kumar Dwivedi, J.) Sangam/