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2025 DAILYLAW 30108 (JHR)

BALI KUMAR YADAV v. THE STATE OF JHARKHAND

A.B.A./7973/2024 · 2025-01-06

Anil Kumar Choudhary

body2025

Judgment text

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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No.7973 of 2024 ------ Bali Kumar Yadav .... .... …. Petitioner Versus The State of Jharkhand .... .... .... Opposite Party ------ CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioner : Mr. Randhir Kumar, Advocate For the State : Mr. Bishwambhar Shastri, Addl.P.P ------ Order No.03 Dated- 06-01-2025 Heard the parties. Apprehending his arrest in connection with Bariyatu P.S. Case No.68 of 2024 instituted under Sections 303(2), 317(5) of the B.N.S., 2023 and under Section 21 of Mines and Minerals (Development & Regulation) Act 1957 and Section 30(ii) Coal Mines Act, 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 has committed theft of coal and assisted in concealment and disposal of the stolen property. It is next submitted that the allegation against the petitioner is false. It is then submitted that in the FIR itself, it has been mentioned that the documents of the coal loaded in the seized vehicle were found to be genuine upon being verified with C.C.L. Coal Project, Tetariakhar. Drawing attention of this Court towards para-14 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. 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 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. 1st Class, Latehar in connection with Bariyatu P.S. Case No.68 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.) Abhiraj/