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2025 DAILYLAW 28197 (JHR)

LAXMAN YADAV v. THE STATE OF JHARKHAND

A.B.A./7901/2024 · 2025-01-02

Anil Kumar Choudhary

body2025

Judgment text

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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No.7901 of 2024 ------ Laxman Yadav .... .... …. Petitioner Versus The State of Jharkhand .... .... .... Opposite Party ------ CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioner : Mr. Prabhat Kr. Sinha, Advocate Mr. Diwakar Jha, Advocate For the State : Mr. Rakesh Ranjan, Addl.P.P ------ Order No.03 Dated- 02-01-2025 Heard the parties. Apprehending his arrest in connection with Markacho P.S. Case No.71 of 2024 instituted under Section 303 (2)/317 (2) of B.N.S., Rule 13 of the Jharkhand Minerals (Prevention of Illegal Mining, Transportation and Storage) Rules, 2017 and Rule 54 J.M.M.C. Rules, the petitioner has moved this Court for grant of privileges of anticipatory bail. Learned counsel appearing for the petitioner submits that the allegation against the petitioner is that the petitioner is the owner of a tractor bearing Engine No.RPD2EAN2335 which was seized by police while being involved in transportation of illegally excavated sand. It is submitted that the allegation against the petitioner is false. It is next submitted that the co- accused, with similar allegations, has already been given the privileges of anticipatory bail by a co-ordinate Bench of this Court vide order dated 16.12.2024 passed in A.B.A. No.7679 of 2024. Drawing attention of this Court towards para-16 of the instant bail application, learned counsel for the petitioner submits that the petitioner has no criminal antecedent. It is lastly submitted that the petitioner undertakes to co-operate with the investigation of the case and to furnish sufficient security including cash security. Hence, it is submitted that the petitioner be given the privileges of anticipatory bail. Learned Addl.P.P appearing for the State opposes the prayer for anticipatory bail of the petitioner. Considering the submissions of learned counsels and the facts and circumstances stated above, I am inclined to grant privileges of anticipatory bail to the petitioner. Accordingly, the petitioner is directed to surrender in the Court below within six weeks from today and in the event of his arrest or surrendering, he will be enlarged on bail on depositing Rs.5,000/- as cash security and on furnishing bail bond of Rs.25,000/- (Twenty five thousand) with two sureties of the like amount each to the satisfaction of learned J.M.F.C., Koderma in connection with Markacho P.S. Case No.71 of 2024 with the condition that he will co-operate with the investigation of the case and appear before the investigating officer as and when noticed by him and furnish his mobile number and photocopy of the Aadhar Card with an undertaking that he will not change his mobile number during the pendency of the case and further conditions as laid down under Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. (Anil Kumar Choudhary, J.) Animesh/