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2025 DAILYLAW 24402 (JHR)

ADITYA RAM v. STATE OF JHARKHAND

A.B.A./5111/2025 · 2025-09-08

Sanjay Kumar Dwivedi

body2025

Judgment text

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1 A.B.A. No. 5111 of 2025 2025:JHHC:27112 IN THE HIGH COURT OF JHARKHAND, RANCHI A.B.A. No. 5111 of 2025 ---- 1.Aditya Ram, aged about 30 years son of Dhanu Ram, resident of House No.5, Villag Serandag, Post Office and Police Station Tandwa, District Chatra (Jharkhand) 2.Dubhan Mahto aged about 47 years son of Dhotan Mahto resident of Village Sisai Post Office Khadhava Police Station Tandwa, District Chatra, Jharkhand .... Petitioners -- Versus -- The State of Jharkhand .... Opposite Party ---- CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI --- For the Petitioners :- Mr. Manish Yadav, Advocate For the State :- Mr. Manoj Kumar Mishra, Advocate ---- 2/08.09.2025 Heard learned counsels for petitioners and for State. 2. The petitioners are apprehending their arrest in connection with Simariya PS Case No.76 of 2025, for offence registered under section 317(5), 3(5) of BNS, 2023, section 21 of Mines and Minerals (Development and Regulation) Act, 1957, section 54 of Jharkhand Minor Mineral Concession Rules and section 7/13 of Jharkhand Mineral Prevention of Illegal Mining Transportation and Storage Rules, 2017, pending in court of learned Additional Chief Judicial Magistrate, Chatra. 3. Learned counsel for petitioners submits that the petitioners are owners of two different tractors and allegations are made that 100 cft sand was being loaded on the said tractor and the petitioners have got no criminal antecedent and the co-accused has been granted anticipatory bail in ABA No.4512 of 2025. 4. Learned State counsel opposes prayer and submits that so far as the petitioner no.1 is concerned, he is having one criminal antecedent as he has received instruction and memo to that effect. 5. In view of above, it transpires that false statement has been 2 A.B.A. No. 5111 of 2025 made so far as the criminal antecedent with respect to petitioner no.1 is concerned, and in that view of the matter, I am not inclined to grant anticipatory bail to the petitioner no.1, and as such, prayer for anticipatory bail in respect of petitioner no.1, namely, Aditya Ram is, hereby, rejected. 6. So far as petitioner no.2 is concerned, the case is covered in light of anticipatory bail granted in aforesaid case to another co-accused, I am inclined to grant anticipatory bail to petitioner no.2. 7. Accordingly, petitioner no.2, 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 Additional Chief Judicial Magistrate, Chatra, in connection with Simariya PS Case No.76 of 2025, subject to the conditions as laid down under section 482(2) of Bhartiya Nagrik Suraksha Sanhita (BNSS), 2023. 8. This petition is dismissed so far as petitioner no.1 is concerned, and this petition is allowed with respect to petitioner no.2. ( Sanjay Kumar Dwivedi, J.) SI/,