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2025 DAILYLAW 31033 (JHR)

KRISHNA MAHTO v. THE STATE OF JHARKHAND

A.B.A./127/2025 · 2025-01-17

Anil Kumar Choudhary

body2025

Judgment text

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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No.127 of 2025 ------ 1. Krishna Mahto, aged about 28 years, S/o Devchand Mahto, R/o Vill- Arko, P.O. + P.S.- Gumla, Dist.- Gumla, Jharkhand. 2. Sandeep Sahu, aged about 25 years, son of Mangru Sahu, R/o- Vill- Taisera, P.O.- Taisera, P.S.- Gumla, Dist.- Gumla, Jharkhand. .... .... …. Petitioners Versus The State of Jharkhand .... .... .... Opposite Party ------ CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioners : Mr. Ajeet Kumar Singh, Advocate For the State : Mr. Pankaj Kumar, P.P ------ Order No.02 Dated-17-01-2025 Heard the parties. Apprehending their arrest in connection with Palkot P.S. Case No.52 of 2024 instituted under Sections 303/317(2) of the B.N.S., 2023, Section 21(6) of M.M.D.R. Act, Rule 4/54 of J.M.M.C. Rule, 2004 and Rule 7/9 of 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 tractor bearing Engine No. 3100FLU14F1061820F18 and the petitioner No.2 is the driver of the said tractor which was seized by police while transporting illegally excavated sand. It is submitted that the allegation against the petitioners is false. Drawing attention of this court towards para- 10 of the instant bail application, learned counsel for the petitioners submits that the petitioner No.1 has no criminal antecedent. It is next 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 Public Prosecutor 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, petitioner No.1 will be enlarged on bail on depositing Rs.5,000/- as cash security and petitioner No.2 will be enlarged on bail on depositing Rs.10,000/- as cash security and both of them on furnishing bail bond of Rs.25,000/- (Twenty five thousand) with two sureties of the like amount each to the satisfaction of learned ACJM, Gumla in connection with Palkot P.S. Case No.52 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.) Saroj/