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2025 DAILYLAW 2897 (JHR)

UMESH KUMAR MAHTO v. THE STATE OF JHARKHAND

A.B.A./641/2025 · 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.641 of 2025 ------ 1. Umesh Kumar Mahto aged about 37 years son of Dhirendra Nath Mahto residence of Jintu, Purdang, P.O. & P.S.-Sonahatu, District- Ranchi. 2. Manoj Kumar Mahto aged about 42 years son of Charan Mahto residence of Marchadih, P.O.-Edrumhatu, P.S.-Bundu, District- Ranchi. .... .... …. Petitioners Versus The State of Jharkhand .... .... .... Opposite Party ------ CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioners : Mr. Abhishek Kumar, Advocate For the State : Mr. Rakesh Ranjan, Addl.P.P. ------ Order No.02 Dated- 29/01/2025 Heard the parties. Apprehending their arrest in connection with Angara P.S. Case No.128 of 2024 instituted under Sections 303(2), 317(5) & 3 (5) of the B.N.S., 2023, under Rule 54 of the Jharkhand Minor Mineral Concession Rules, 2004 Section 4/21 of the Mines Minerals (Development and Regulation) Act, 1957, and Rule 9/13 of the Jharkhand Minerals (Prevention of Illegal Mining, Transportation and Storage) Rules, 2017, the petitioners have moved this Court for grant of privileges of anticipatory bail. Learned counsel appearing for the petitioners submits that the allegation against the petitioners is that the petitioner no.1 is the owner of the Eicher Tipper bearing registration no.JH-01FE-1854 and the petitioner no.2 is the owner of the Hywa bearing registration No.JH-01FP-0502 which was seized by police while being involved in transportation of illegally excavated sand. It is submitted that the allegation against the petitioners is false. Drawing attention of this Court towards para-15 of the instant bail application, learned counsel for the petitioners submits that the petitioners have no criminal antecedent. It is lastly submitted that the petitioners undertake to co-operate with the investigation of the case and to furnish sufficient security including cash security. Hence, it is submitted that the petitioners be given the privileges of anticipatory bail. Learned Addl. P.P appearing for the State opposes the prayer for anticipatory bail of the petitioners. Considering the submissions of learned counsels and the facts and circumstances stated above, I am inclined to grant privileges of anticipatory bail to the petitioners. Accordingly, the petitioners are directed to surrender in the Court below within six weeks from today and in the event of their arrest or surrendering, they will be enlarged on bail on depositing Rs.20,000/- each as cash security and on furnishing bail bond of Rs.25,000/- (Twenty five thousand) each with two sureties of the like amount each to the satisfaction of learned J.M.-1st Class, Ranchi in connection with Angara P.S. Case No.128 of 2024 with the condition that they will co-operate with the investigation of the case and appear before the investigating officer as and when noticed by him and furnish their mobile numbers and photocopy of the Aadhar Cards with an undertaking that they will not change their mobile numbers 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.) Abhiraj/