Research › Search › Judgment

High Court of Jharkhand · body

2025 DAILYLAW 25673 (JHR)

KAUSHAR SHEKH ALIAS KAUSAR v. STATE OF JHARKHAND

A.B.A./5673/2025 · 2025-09-24

Sanjay Kumar Dwivedi

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:JHHC:29655 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 5673 of 2025 Kaushar Shekh @ Kausar, aged about 40 years, Son of Nureman Shekh, resident of Village- Raghnunandanpur @ Chanchki, Post Office & Police Station – Pakur(M), District- Pakur … Petitioner -Versus- The State of Jharkhand … Opposite Party ----- CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI ----- For the Petitioner : Mr. Lalit Yadav, Advocate For the State : Mr. Prabit Kr. Chatterjee @ Prabit Chatterjee, A.P.P. ----- 02/24.09.2025 Heard learned counsel appearing for the petitioner and learned counsel appearing for the State. 2. The petitioner is apprehending his arrest in connection with Pakur (T) P.S. Case No.175 of 2025, registered for the offence under Sections 303(2)/338/336(3) r/w 3/5 of the Bharatiya Nyaya Sanhita, 2023 and under Section 4/21 of the Mines and Mineral (Development and Regulation) Act (MMDR Act) and under Section 54 of the Jharkhand Minor Mineral Concession Rule (JMMC Rule) and under Section 7/9 and 13 of the Jharkhand Mineral (Prevention of Illegal Mining Transportation and Storage) Rule, 2017, pending in the Court of the learned Chief Judicial Magistrate, Pakur. 3. Learned counsel appearing for the petitioner submits that the petitioner is owner of the Hywa and the allegations are made that 600CFT stone chips were loaded in the said Hywa. He further submits that petitioner has got no criminal antecedent disclosed in paragraph-11. 4. Learned counsel appearing for the State opposed the prayer and submits that the illegal stone chips have been carried in the said Hywa. 2025:JHHC:29655 2 5. Considering that petitioner is the owner and has no criminal antecedent and in the attending facts and circumstances of the case, I am inclined to extend the privilege of anticipatory bail to the petitioner. 6. Accordingly, the above-named petitioner is directed to surrender before the learned Court within three weeks from today and in the event of his arrest or surrender, he will be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Pakur in connection with Pakur (T) P.S. Case No. 175 of 2025, subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. (Sanjay Kumar Dwivedi, J.) Dated: 24th September, 2025 Simran/