BRAJESH KUMAR SAW ALIAS BRAJESH SAW v. THE STATE OF JHARKHAND
A.B.A./5672/2025 · 2025-09-24
Sanjay Kumar Dwivedi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 25873 (JHR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 25873 (JHR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
2025:JHHC:29653 1
IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No. 5672 of 2025
Brajesh Kumar Saw @ Brajesh Saw, aged about 31 years, Son of Vinod Saw, resident at near Hanuman Mandir, Telaiya Basti, P.O. & P.S.- Telaiya, District- Koderma.
… Petitioner
-Versus- The State of Jharkhand
… Opposite Party
-----
CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI
-----
For the Petitioner : Mr. Randhir Kumar, Advocate For the State : Mr. Prabir Kr. Chatterjee @ Prabir 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 Telaiya P.S. Case No.231 of 2025, registered for the offence under Sections 303(2), 317(2), 317(5), 223(b) of Bharatiya Nyaya Sanhita, 2023, Rule 13 of Jharkhand Minerals (Prevention of Illegal Mining Transportation and Storage) Rules, 2017, Rule 54 of Jharkhand Minor Mineral Concessions Rules, 2004 and 21(1), 21(5) of MMDR Act pending in the Court of the learned Additional Chief Judicial Magistrate, Koderma.
3.
Learned counsel appearing for the petitioner submits that allegations are made of loading of the sand on the tractor and the petitioner is neither the owner nor having concern with illegal sand. He further submits that the name of the petitioner has come only on the confessional statement made by the driver of the tractor to the effect that petitioner is contacted to people to sell the sand. He then submits that petitioner has no criminal antecedent.
4.
Learned counsel appearing for the State opposed the prayer and submits that petitioner’s name has been taken by the driver of the tractor.
2025:JHHC:29653 2
5. Considering that the petitioner has got no criminal antecedent and the allegation is made against the petitioner that he contacted to the people to sell the sand 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 Additional Chief Judicial Magistrate, Koderma in connection with Telaiya P.S. Case No. 231 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/