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High Court of Jharkhand · body

2025 DAILYLAW 2669 (JHR)

SHANKAR YADAV v. THE STATE OF JHARKHAND

A.B.A./176/2025 · 2025-01-20

Anil Kumar Choudhary

body2025

Judgment text

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IN THE HIGH COURT OF JHARKHAND AT RANCHI ABA No. 176 of 2025 Shankar Yadav, aged about 46 years, son of Beni Yadav, Resident of Village Chakla, P.O. Baluri, P.S. Huntergang, District Chatra. … Petitioner Versus The State of Jharkhand … Opp. Party Coram: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY For the Petitioner : Mr. Aman Kedia , Adv. For the State : Ms. Shweta Singh, Addl.PP 02 / 20.01.2025 Heard the parties. Apprehending his arrest, the petitioner has moved this Court for grant of privilege of anticipatory bail in connection with Chatra Sadar P.S. Case No.331 of 2024 registered involving the offences punishable under section 303(2) of the B.N.S., 2023, under Rule 54 of Jharkhand Minor Mineral Concession Rules, 2004 and under Rule 13 of Jharkhand Minerals (Prevention of Illegal Mining, Transportation and Storage) Rules, 2017. The Learned counsel for the petitioner submits that the allegation against the petitioner is that the petitioner is the driver cum owner of Tractor which was seized by the police for illegal transportation of sand. It is further submitted that the allegations against the petitioner are all false. It is then submitted that the petitioner undertakes to furnish sufficient security including cash security and also undertakes to cooperate with the investigation of the case and co-accused with similar allegations has already been granted privilege of anticipatory bail by this court vide order dated 16.01.2025 passed in ABA no. 98 of 2025. Hence, it is submitted that the petitioner be given the privileges of anticipatory bail. The learned Addl. PP opposes the prayer for anticipatory bail of the petitioner. Considering aforesaid facts and circumstances of the case, I am inclined to grant the privilege of anticipatory bail to the petitioner. Hence, in the event of arrest by the police or surrender within a period of six weeks from the date of this order, the petitioner shall be released on bail on depositing Rs. 10,000/- as cash security and on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Chatra in connection with Chatra Sadar P.S. Case No.331 of 2024 subject to the condition that the petitioner will co- operate with the Investigation of the case and will appear before the Investigating Officer as and when noticed by him and will submit mobile number and photocopy of Aadhaar card at the time of surrender in the court below with an undertaking not to change mobile phone number during the pendency of the case along with the other conditions laid down under section 482 (2) of BNSS, 2023. (ANIL KUMAR CHOUDHARY, J.) Smita/-