Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 102 of 2025
------ Nitish Kumar, aged about 36 years, S/o –Ashok Yadav, resident of village –Gadhpura, Ward no.11, P.O. and P.S. – Gadhpura, District –Begusarai (Bihar)
… Petitioner
Versus State of Jharkhand … Opposite Party
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CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
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For the Petitioner : Md. Yasir Arafat, Advocate
: Mr. Ranjan Kr. Ravidas, Advocate For the State
: Mrs. Priya Shrestha, Spl. P.P. ------
Order No.02 Dated- 16.01.2025
Heard the parties. Apprehending his arrest, the petitioner has moved this Court for grant of privilege of anticipatory bail in connection with Littipara (Simlong O.P.) P.S. Case No.41 of 2024 registered under sections 303(2)/317(2) of the B.N.S., under Section 54 of the Jharkhand Minor Mineral Concession Rule (JMMC Rule), under Section 4/21 of the Mines and Minerals (Development and Regulation) Act (MMDR Act) and under Section 7/9/13 of the Jharkhand Minerals (Prevention of illegal Mining, Transportation and Storage) Rule,
2017. The Learned counsel for the petitioner submits that the allegation against the petitioner is that the petitioner is the owner of the truck which was seized by police while transporting illegally excavated stone chips. It is further submitted that the allegations against the petitioner are all false and the petitioner has no knowledge about his vehicle being involved in any illegal activity. It is then submitted that the petitioner has no criminal antecedent as has been mentioned in para-6 of the instant anticipatory bail application. It is then submitted that the petitioner undertakes to furnish sufficient security including cash security and also undertakes to cooperate with the investigation of the case. It is lastly submitted that the co-accused person has already been given the
privilege of anticipatory bail by this Court vide order dated 09.01.2025, in A.B.A. No. 8075 of 2024. Hence, it is submitted that the petitioner be also 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 abovenamed petitioner 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.10,000/- 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., Pakur, in connection with Littipara (Simlong O.P.) P.S. Case No.41 of 2024 with the condition that the petitioner 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 438 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. (Anil Kumar Choudhary, J.)
Sonu/Gunjan-