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2025 DAILYLAW 30614 (JHR)

SONU GOPE v. THE STATE OF JHARKHAND

A.B.A./7992/2024 · 2025-01-13

Anil Kumar Choudhary

body2025

Judgment text

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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No.7992 of 2024 ------ 1. Sonu Gope, aged about 30 years, son of Sonram Gope, resident of village-Ulihatu, P.O.& P.S.-Majhgawan, District-West Singhbhum. 2. Vikash Yadav, aged about 25 years, son of Parmeshwar Yadav, resident of village-Khargaiyo, P.O. & P.S.-Kolhua Kalan, District- Hazaribagh. .... .... …. Petitioners Versus The State of Jharkhand .... .... .... Opposite Party ------ CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioners : Mr. Randhir Kumar, Advocate For the State : Mr. Vishwanath Roy, Spl.P.P. ------ Order No.03 Dated- 13/01/2025 Heard the parties. Apprehending their arrest in connection with Jainagar (Telaiya Dam O.P.) P.S. Case No.199 of 2024 instituted under Sections 317(5), 3(5) of the B.N.S., 2023, Rule 13 of Jharkhand Minerals (Prevention of Illegal Mining, Transportation and Storage) Rules, 2017 and Rule 54 Jharkhand Minor Mineral Concession Rules, 2004, 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 petitioners were involved in illegal transportation of sand. It is submitted that the allegation against the petitioners is false. It is next submitted that petitioner no.1 is the owner and petitioner no.2 is the driver of the tractor bearing registration no. JH-08H- 8777 which was seized by the police. Drawing attention of this Court towards para-11 of the instant bail application, the 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 Spl. 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.5,000/- 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 S.D.J.M., Koderma in connection with Jainagar (Telaiya Dam O.P.) P.S. Case No.199 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 photocopies 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/