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2025 DAILYLAW 24233 (JHR)

KAPIL DEO SHARMA v. THE STATE OF JHARKHAND

A.B.A./4993/2025 · 2025-09-01

Sanjay Kumar Dwivedi

Public Interest Litigationbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:JHHC:26520 IN THE HIGH COURT OF JHARKHAND, RANCHI A.B.A. No. 4993 of 2025 ---- Kapil Deo Sharma aged about 65 years son of Rupchand Thakur resident of Village and PO Dhab PS Domchanch Dist.Koderma .... Petitioner -- Versus -- The State of Jharkhand .... Opposite Party ---- CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI --- For the Petitioner :- Mr. Randhir Kumar, Advocate For the State :- Mr. Rakesh Kr Sinha, Advocate ---- 2/01.09.2025 Heard learned counsels for petitioner and for State. 2. The petitioner is apprehending his arrest in connection with Nawalsahi PS Case No.57 of 2025, for offence registered under section 303(2), 317(2) of BNS, 2023 Rule 13 of Jharkhand Minerals (Prevention of Illegal Mining Transportation and Storage) Rules, 2017 and Rule 54 of Jharkhand Minor Minerals Concession Rules, 2004, pending in court of learned Judicial Magistrate First Class, Koderma. 3. Learned counsel for petitioner submits that that the petitioner is owner of Hywa and allegation is made that 100 cft stone boulder was being loaded on it and the petitioner has got no criminal antecedent as disclosed in para 15. 4. Learned State counsel opposes prayer and submits that allegations are there of illegally carrying stone boulders. 5. Considering that the petitioner is owner of the vehicle and has got no criminal antecedent as aforesaid, I am inclined to grant anticipatory bail to petitioner. 6. Accordingly, petitioner, above named, is hereby directed to surrender before learned court within three weeks from today, and in event of his surrender/arrest, petitioner, above named, shall be released on bail, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand), with two sureties of like amount each, to satisfaction of learned Judicial Magistrate First Class, Koderma, in connection with Nawalsahi PS Case No.57 of 2025, subject to the conditions as laid down under section 482(2) of Bhartiya Nagrik Suraksha Sanhita (BNSS), 2023. ( Sanjay Kumar Dwivedi, J.) SI/