Extracted from the PDF above. The PDF is authoritative.
( 2025:JHHC:29154 )
IN THE HIGH COURT OF JHARKHAND AT RANCHI A. B. A. No. 5361 of 2025
Shambhu Yadav, aged about 49 years, son of Dhurandhar Yadav, resident of Ward No. 12, Vidyut Nagar, P.O. and P.S.-Tifra (NP), District-Bilaspur (Chhattisgarh)-495223. ...... … Petitioner
Versus The State of Jharkhand .…. … Opposite Party
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CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI For the Petitioner
:Mrs. Swati Shalini, Advocate For the State : Mrs. Mahula Palit, A.P.P.
03/ 22.09.2025: Heard learned counsel for the petitioner and learned counsel for the State.
2. The petitioner is apprehending his arrest in connection with Lohardaga P.S. Case No. 217 of 2024, registered under sections 338, 336 (3), 340(2), 318(4), 303(2) of BNS, 203, 4/21 of Mines and Minerals (Development & Regulation) Act, 1957, under Rule 9 of Jharkhand Minerals (Prevention of illegal Mining Transportation and Storage) Rules, 2017 pending in the Court of learned Chief Judicial Magistrate, Lohardaga.
3.
Learned counsel for the petitioner submits that the petitioner is owner of the vehicle in question and he was suffering from multiple diseases and was undergoing treatment during the date of incident for paralysis, pneumonia, filaria and respiratory diseases which is evident from Annexure-2. She further submits that the trucks were seized by the police which were carrying coal from NCL, Singrauli on valid electronic transit pass which is crystal clear from the passes produced before the police. She then submits that delay of two days in reaching the destination has occurred due to Dipawali. She submits that petitioner has no criminal antecedent which is disclosed in para 17 of the petition. On these grounds, she submits that the petitioner may kindly be provided privilege of anticipatory bail.
( 2025:JHHC:29154 )
4.
Learned counsel for the State opposes the prayer and submits that illegally the coal was being carried out.
5.
Considering that petitioner is owner of the vehicle in question and the coal was being carried out on valid electronic transit pass and further two days delay on reaching the destination has occurred due to Dipawali and the petitioner has no criminal antecedent which is disclosed in para 17 of the petition.
6. In the attending facts and circumstances of the case, I am inclined to grant anticipatory bail to the petitioner. Accordingly, the above named, petitioner is directed to surrender before the learned court within three weeks from today and in the event of his surrender / arrest, the petitioner shall be released on bail, on furnishing bail bonds of Rs. 25,000/- (twenty five thousand) with two sureties of the like amount each, to the satisfaction of learned Chief Judicial Magistrate, Lohardaga, in connection with Lohardaga P.S. Case No. 217 of 2024, subject to conditions as laid down under Section 482 (2) of B.N.S.S, 2023.
Dt.22.09.2025
( Sanjay Kumar Dwivedi, J.) satyarthi-