RAHUL KUMAR ALIAS RAHUL KUMAR MAHTO v. THE STATE OF JHARKHAND
A.B.A./5257/2025 · 2025-09-10
Sanjay Kumar Dwivedi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 24882 (JHR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 24882 (JHR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
2025:JHHC:27633 IN THE HIGH COURT OF JHARKHAND, RANCHI
A.B.A. No. 5257 of 2025
Rahul Kumar @ Rahul Kumar Mahto, aged about 28 years son of Gyan Chand Mahto r/o Kangali Chauki, PO and PS Pirpainti, District Bhagalpur, Bihar
.... Petitioner -- Versus --
The State of Jharkhand
.... Opposite Party
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CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI
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For the Petitioner
:- Mr. Ashish Thakur, Advocate
For the State
:- Mr. Someshwar Roy, Advocate
---- 2/10.09.2025 Heard learned counsels for petitioner and for State.
2. The petitioner is apprehending his arrest in connection with Mirzachouki PS Case No.38 of 2025, for offence registered under section 303(2), 317(2) and 210, BNS, 2023, Rule 4 and 54 of Jharkhand Mines and Minerals Concession Rules and Rule 07 and 9 of Jharkhand Minerals (Prevention of Illegal Mining) Transportation and Storage Rules,2017, pending in court of learned Sub Divisional Judicial Magistrate, Sahibganj.
3.
Learned counsel for petitioner submits that vehicle in question was seized two days prior to lodging of the FIR and thereafter FIR was lodged and the petitioner is owner of the Hywa and allegation is made that stone chips were loaded on said Hywa and the petitioner has got no criminal antecedent as disclosed in the paragraph no.10.
4. Learned State counsel opposes prayer and submits that illegally stone chips were being carried on said vehicle.
5. Considering that the petitioner is the owner of the Hywa and it has been pointed out that vehicle was seized two days prior to the lodging of the FIR and the petitioner 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 Sub Divisional Judicial Magistrate, Sahibganj, in connection with Mirzachouki PS Case No.38 of 2025, subject to conditions as laid down under section 482(2) of Bhartiya Nagrik Suraksha Sanhita (BNSS), 2023.
( Sanjay Kumar Dwivedi, J.) SI/