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2025 DAILYLAW 25800 (JHR)

BALRAM RAY v. THE STATE OF JHARKHAND

A.B.A./5480/2025 · 2025-09-18

Sanjay Kumar Dwivedi

body2025

Judgment text

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( 2025:JHHC:28727 ) IN THE HIGH COURT OF JHARKHAND AT RANCHI A. B. A. No. 5480 of 2025 1. Balram Ray, aged about 42 years, son of Nakul Ray, resident of Butbari, P.O. and P.S. Chirkunda, District-Dhanbad 2. Mohammad Jahid Ali @ Jahid Ansari, aged about 35 years, son of Liyakat Mia, resident of Jun Kundar Fatak CMWO, P.O. and P.S. Chirkunda, District-Dhanbad 3. Rajesh Ram @ Maical, aged about 40 years, son of Ram Balak Ram, resident of Gopinathpur, Bhaluksunda, P.O- Mugma, P.S. Nirsa, District- Dhanbad ...... … Petitioners Versus The State of Jharkhand .…. … Opposite Party -------- CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI For the Petitioners :Mrs. Neeharika Mazumdar, Advocate For the State : Mr. Shailesh Kr. Sinha, A.P.P. 02/ 18.09.2025: Heard learned counsel for the petitioners and learned counsel for the State. 2. The petitioners are apprehending their arrest in connection with Chirkunda P.S. Case No. 154 of 2025, registered under sections 303(2), 317(2) and 3 (5) of BNS, 2023, Section 4/21 of Mines and Minerals (Development and Regulation) Act, and Rule 13 of Jharkhand Minerals (Prevention of Illegal Mining, Transportation and Storage), Rules, 2017, pending in the Court of learned Chief Judicial Magistrate, Dhanbad. 3. Learned counsel for the petitioners submits that allegations are made of excavating the coal from the forest area. She further submits that apprehended co-accused persons have taken the name of the petitioners. She then submits that petitioner nos. 1 and 3 have no criminal antecedent and petitioner no.2 has one criminal antecedent in which he is on bail. On these grounds, she submits that the petitioners may kindly be provided privilege of anticipatory bail. 4. Learned counsel for the State opposes the prayer and submits that allegations are there of excavation of coal. 5. Considering that name of the petitioners have come in the ( 2025:JHHC:28727 ) confessional statement of the apprehended accused persons and petitioner nos. 1 and 3 have no criminal antecedent and petitioner no.2 has one criminal antecedent in which he is on bail, I am inclined to grant anticipatory bail to the petitioners. Accordingly, the above named, petitioners are directed to surrender before the learned court within three weeks from today and in the event of their surrender / arrest, the petitioners shall be released on bail, on furnishing bail bonds of Rs. 25,000/- (twenty five thousand) each with two sureties of the like amount each, to the satisfaction of learned Chief Judicial Magistrate, Dhanbad, in connection with Chirkunda P.S. Case No. 154 of 2025, subject to conditions as laid down under Section 482 (2) of B.N.S.S, 2023. Dt.18.09.2025 ( Sanjay Kumar Dwivedi, J.) satyarthi-