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2025 DAILYLAW 24320 (JHR)

ASRAF ALI v. THE STATE OF JHARKHAND

A.B.A./5631/2025 · 2025-09-22

Sanjay Kumar Dwivedi

body2025

Judgment text

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( 2025:JHHC:29249 ) -1- A.B.A. No. 5631 of 2025 IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 5631 of 2025 1. Asraf Ali, aged about 38 years, son of Nesh Mohammad Sk., resident of Village Jankinagar, P.O. Prithinagar, P.S. Pakur (M), District- Pakur (Jharkhand) 2. Jimarul Sk., aged about 49 years, son of Saifuddin Sk., resident of Village Udaynarayanpur, P.O. Udaynarayanpur, P.S. Pakur (M), District- Pakur (Jharkhand) … Petitioners -Versus- The State of Jharkhand … Opposite Party ----- CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI ----- For the Petitioners : Mrs. Nitu Sinha, Advocate For the State : Mr. Santosh Kumar Shukla, A.P.P. ----- 04/22.09.2025 Heard learned counsel appearing for the petitioners and learned counsel appearing for the State. 2. The petitioners are apprehending their arrest in connection with Pakur Muffasil P.S. Case No.180 of 2025, registered for the offence under Sections 318(4), 338, 336(3), 340(2), 303(2), 3(5) of Bharatiya Nyaya Sanhita, Rule 54 of Jharkhand Minor Minerals Concession Rules, Section 4/21 of Mines and Minerals (Development and Regulation) Act and Rule 7, 9, 13 of Jharkhand Minerals (Prevention of Illegal Mining, Transportation and Storage) Rules, 2017, pending in the Court of the learned Sub-Divisional Judicial Magistrate, Pakur. 3. Learned counsel appearing for the petitioners submits that petitioner no.1 is the owner and petitioner no.2 is the driver of the Hywa and the allegations are made that 100 cft. stone chips were loaded on the said Hywa. She further submits that the petitioners have got no criminal antecedents, which has been disclosed in paragraph 8 of this application. 4. Learned counsel appearing for the State opposed the prayer and submits that the allegations are there of illegally carrying stone chips. ( 2025:JHHC:29249 ) -2- A.B.A. No. 5631 of 2025 5. Considering that petitioner nos. 1 and 2 are owner and driver of the Hywa respectively and they have got no criminal antecedents and in the attending facts and circumstances of the case, I am inclined to extend the privilege of anticipatory bail to the petitioners. 6. Accordingly, the above-named petitioners are directed to surrender before the learned Court within three weeks from today and in the event of their arrest or surrender, they will be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Pakur in connection with Pakur Muffasil P.S. Case No.180 of 2025, subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. (Sanjay Kumar Dwivedi, J.) Dated: 22nd September, 2025 Ajay/