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2025 DAILYLAW 2749 (JHR)

ROHIT KUMAR v. THE STATE OF JHARKHAND

A.B.A./640/2025 · 2025-01-29

Anil Kumar Choudhary

body2025

Judgment text

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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No.640 of 2025 ------ Rohit Kumar aged about 30 years, son of Late Ashok Pandey, Resident of village-Mahudi Bara, P.O.-Brindawan, P.S.-Chauparan, Dist.-Hazaribag. .... .... …. Petitioner Versus The State of Jharkhand .... .... .... Opposite Party ------ CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioner : Mr. Shailendra Jit, Advocate For the State : Ms. Priya Shrestha, SplsP.P. ------ Order No.02 Dated- 29/01/2025 Heard the parties. Apprehending his arrest, the petitioners has moved this Court for grant of privileges of anticipatory bail in connection with Chouparan P.S. Case No.256 of 2024 registered under sections 303(2), 317(5) & 3(5) of the B.N.S., 2023, under Rule 9/13 of the Jharkhand Minerals (Prevention of Illegal Mining, Transportation and Storage) Rule, 2017 and Section 4/21 of MMDR Act, 1957. The Learned counsel for the petitioner submits that the allegation against the petitioner is that the petitioner was involved in loading and transportation of illegally excavated sand. It is further submitted that the allegations against the petitioner are all false. It is next submitted that the petitioner is the owner cum driver of the tractor bearing registration no. JH 12P 2269 which was seized by the police in connection with transportation of sand. It is next submitted that the petitioner has no criminal antecedent as has been mentioned in paragraph no. 14 of the anticipatory bail application. 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. Hence, it is submitted that the petitioner be given the privileges of anticipatory bail. Learned Spl. P.P. opposes the prayer for grant of anticipatory bail. Considering the submissions of the counsels and the fact as discussed above, I am of the opinion that it is a fit case where the above named petitioner be given the privileges of anticipatory bail. Hence, in the event of his arrest or surrender within a period of six weeks from the date of this order, he shall be released on bail on depositing cash security of Rs. 5,000/- 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 J.M.F.C., Hazaribag, in connection with Chouparan P.S. Case No.256 of 2024 with the condition that the petitioner will cooperate with the investigation of the case and appear before the Investigating Officer as and when noticed by him and will furnish his mobile number and a copy of his Aadhar Card in the court below with the undertaking that he will not change his mobile number during the pendency of the case subject to the conditions laid down under Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. (Anil Kumar Choudhary, J.) Abhiraj/