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2025 DAILYLAW 24422 (JHR)

VIJAY KUMAR YADAV v. THE STATE OF JHARKHAND

A.B.A./5204/2025 · 2025-09-09

Sanjay Kumar Dwivedi

body2025

Judgment text

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2025:JHHC:27364 --1-- A.B.A. No. 5204 of 2025 IN THE HIGH COURT OF JHARKHAND, RANCHI A.B.A. No. 5204 of 2025 ---- Vijay Kumar Yadav, aged about 35 years, son of Hemlal Prasad Yadav, resident of Lakhi Bagi, Frenda, PO – Koderma, PS – Koderma, District – Koderma .... Petitioner -- Versus -- The State of Jharkhand .... Opposite Party ---- CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI --- For the Petitioner :- Mr. Awnish Shankar, Advocate For the State :- Mrs. Ruby Pandey, Advocate ---- 02/09.09.2025 Heard learned counsel appearing for the petitioner as well as the learned counsel appearing for the State. 2. The petitioner is apprehending his arrest in connection with Barhi P.S. Case No.194 of 2025, for the alleged offences registered under Sections 317(5) of Bharatiya Nyaya Sanhita, 2023, Section 4/21 of Mines and Minerals (Development & Regulation) Act, 1957, Rule 9/13 of Jharkhand Minerals (Prevention of Illegal Mining Transportation and Storage) Rule, 2017 and Section 33 of Indian Forest Act pending in the Court of learned Sub-Divisional Judicial Magistrate, Hazaribagh. 3. Learned counsel appearing for the petitioner submits that the petitioner is the owner of the Truck in question and the allegations are made that mica flakes have been loaded in the said truck. He submits that the petitioner has got no criminal antecedent as disclosed in paragraph No.10 of the petition. 2025:JHHC:27364 --2-- A.B.A. No. 5204 of 2025 4. Learned counsel appearing for the State opposes the prayer and submits that illegally mica flakes were loaded in the said truck. 5. Considering that the petitioner is the owner of the truck in question and the petitioner has got no criminal antecedent as disclosed in paragraph No.10 of the petition, I am inclined to provide anticipatory bail to the petitioner. 6. Accordingly, the petitioner, above named, is hereby directed to surrender before the learned Court within three weeks from today, and in the event of his surrender/arrest, the petitioner, above named, shall be released on bail, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand), with two sureties of the like amount each, to the satisfaction of learned Sub-Divisional Judicial Magistrate, Hazaribagh in connection with Barhi P.S. Case No.194 of 2025, subject to the conditions as laid down under Section 482(2) of Bharatiya Nagarik Suraksha Sanhita, 2023. (Sanjay Kumar Dwivedi, J.) Sangam/