Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 110 of 2025
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1. Dharmender Paswan, aged about 22 years, son of Vikram Paswan
2. Pramod Paswan, aged about 32 years, son of late Ram Prasad Paswan both are resident of Village-Manika, P.O. & P.S.-Manika, Dist.-Latehar … Petitioner
Versus The State of Jharkhand … Opposite Party
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CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
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For the Petitioners : Mr. Randhir Kumar, Advocate For the State
: Mrs. Nehala Sharmin, Spl. P.P. ------
Order No.02 Dated- 17.01.2025
Heard the parties.
Apprehending their arrest, the petitioners have moved this Court for grant of privilege of anticipatory bail in connection with Manika P.S. Case No.59 of 2024 registered under sections 303(2)/317(2) of the B.N.S., 2023, Section 4/21 of MMDR Act, Rule 54 of JMMC Rules and under Rule 7/13 of the Jharkhand Minerals (Prevention of Illegal Mining, Transportation and Storage) Rule,
2017.
Learned counsel for the petitioners submits that the petitioners does not press the anticipatory bail application in respect of the petitioner no.1-Dharmender Paswan.
Accordingly, prayer for grant of privilege of anticipatory bail in respect of the petitioner no.1-Dharmender Paswan is rejected as not pressed.
So far as the petitioner no.2 is concerned, the learned counsel for the petitioner no.2 submits that the allegation against the petitioner no.2 is that the petitioner no.2 is the owner of the tractor which was seized by police for transporting illegally excavated sand. It is further submitted that the allegations against the petitioner no.2 are all false and he has no knowledge about his vehicle being involved in any illegal activity. It is next submitted that the
petitioner no.2 has no criminal antecedent as has been mentioned in paragraph no. 11 of the anticipatory bail application. It is then submitted that the petitioner no.2 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 no.2 be given the privilege 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 no.2 be given the privilege 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 A.C.J.M., Latehar, in connection with Manika P.S. Case No.59 of 2024 with the condition that the petitioner no.2 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.)
Sonu/Gunjan-