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2025 DAILYLAW 25643 (JHR)

DILIP KUMAR MEHTA ALIAS DILIP KUMAR MAHATO v. STATE OF JHARKHAND

A.B.A./5562/2025 · 2025-09-19

Sanjay Kumar Dwivedi

body2025

Judgment text

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2025:JHHC:28935 IN THE HIGH COURT OF JHARKHAND, RANCHI A.B.A. No. 5562 of 2025 ---- 1.Dilip Kumar Mehta @ Dilip Kumar Mahto aged about 51 years son of Mahabir Mahto resident of Village Nagwan PO and PS Hazaribagh District Hazaribagh 2.Mahendra Kumar Yadav aged about 28 years son of Umesh Yadav resident of Village Surajpura, PO and PS Padma District Hazaribagh .... Petitioners -- Versus -- The State of Jharkhand .... Opposite Party ---- CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI --- For the Petitioners :- Mr. Rajesh Kr Singh, Advocate For the State :- Mr. N.K. Ganjhu, Advocate ---- 2/19.09.2025 Heard learned counsels for petitioners and for State. 2. The petitioners are apprehending their arrest in connection with Tandwa PS Case No.154 of 2024, for offence registered under section 379, 411/34 of IPC and Section 21 of Mines and Mineral Development and Regulation Act, Section 13 of Jharkhand Minerals (Prevention of Illegal Mining, Transportation and Storage) Rules, 2017 and Section 54 of Jharkhand Minor Mineral Concession Rules, 2004, pending in court of learned Judicial Magistrate, First Class, Chatra. 3. Learned counsel for petitioners submits that petitioner no.1 is owner and petitioner no.2 is driver of the vehicle and the allegations are made that on Hywa vehicle 400 cft sand was being loaded. He further submits that two of coaccused have been granted anticipatory bail in ABA No.5709of 2025 and ABA No.4094 of 2025 and the petitioners have got no criminal antecedent as disclosed in para 4. 4. Learned State counsel opposes prayer and submits that illegally sand was being carried on said vehicle. 5. Considering that petitioner nos.1 and 2 are owner/driver, respectively, and two of coaccused have been granted anticipatory bail in ABA No.5709 of 2025 and ABA No.4094 of 2025 and petitioners have got no criminal antecedent as disclosed in para 4, I am inclined to grant anticipatory bail to petitioners. 6. Accordingly, petitioners, above named, are hereby directed to surrender before learned court within three weeks from today, and in event of their surrender/arrest, petitioners, 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 Judicial Magistrate, First Class, Chatra, in connection with Tandwa PS Case No.154 of 2024, subject to the conditions as laid down under section 482(2) of Bhartiya Nagrik Suraksha Sanhita (BNSS), 2023. ( Sanjay Kumar Dwivedi, J.) Dated: 19th Sept., 2025 SI/