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2025 DAILYLAW 3153 (JHR)

SUBHAM KUMAR BHAGAT v. THE STATE OF JHARKHAND

A.B.A./358/2025 · 2025-01-24

Anil Kumar Choudhary

body2025

Judgment text

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IN THE HIGH COURT OF JHARKHAND AT RANCHI ABA No. 358 of 2025 1. Subham Kumar Bhagat , age about 31 years. s/o-Sanjay Kumar Bhagat, r/o village Dharampur Morh, Kadwa, P.O. Kadwa P.S. Littipara, District-Pakur (Jharkhand). 2. Saddam Ansari @Saddam, age about 33 years s/o-Md. Nureman Ansari, village Kadma, P.O.& P.S.-. Barhet, District- Sahibganj, (Jharkhand) 3. Surendra Yadav, age about 37 years s/o Murari Yadav, r/o village Sasharta Morh, Bara Jirwabari, P.O. &P.S. Bara Jirwabari, District-Sahibganj (Jharkhand). 4. Kanhai Lal Yadav, age about 45 years s/o Gopal Yadav, r/o village Jayanti Mahadevganj, P.O. & P.S. Sahibganj, District- Sahibganj (Jharkhand). … Petitioners Versus The State of Jharkhand … Opp. Party Coram: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY For the Petitioners : Mr. Md. Yasir Arafat , Adv. For the State : Mr. Abhay Kr. , Addl.PP 02 / 24.01.2025 Heard the parties. Apprehending their arrest, the petitioners have moved this Court for grant of privilege of anticipatory bail in connection with Amrapara P.S. Case No. 80 of 2024 registered under Sections 303 (2), 305 (e), 317 (2), 317 (5), 3 (5) of BNS, Rule 54 of Jharkhand Minor Minerals Concession Rules 2004, Section 21 of Mines and Minerals (Development & Regulation) Act, 1957, and Rule 13 of Jharkhand Minerals (Prevention of Illegal Mining, Transportation and Storage) Rules, 2017. Learned counsel appearing for the petitioners submits that the allegation against the petitioners is that the petitioner nos. 1, 2 and 3 are respectively the owner, driver and owner of the trucks, which were seized while transporting the illegally excavated sand. It is then submitted that the allegations against the petitioners are all false. It is further submitted by learned counsel for the petitioners that the petitioners have no criminal antecedent, as mentioned in paragraph 6 of the anticipatory bail application. It is next submitted that the petitioners are ready to co-operate with the investigation of the case and also undertake to furnish sufficient security including cash security hence, the petitioners be given the privilege of anticipatory bail. The learned Addl. PP opposes the prayer for anticipatory bail of the petitioner. Considering aforesaid facts and circumstances of the case, I am inclined to grant the privilege of anticipatory bail to the petitioners. Hence, in the event of arrest by the police or surrender within a period of six weeks from the date of this order, the petitioner shall be released on bail on depositing Rs. 20,000/- each as cash security and on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned CJM, Pakur in connection with Amrapara P.S. Case No. 80 of 2024 subject to the condition that the petitioner.... will co-operate with the Investigation of the case and will appear before the Investigating Officer as and when noticed by him and will submit mobile number and photocopy of Aadhaar card at the time of surrender in the court below with an undertaking not to change mobile phone number during the pendency of the case along with the other conditions laid down under section 482 (2) of BNSS, 2023. (ANIL KUMAR CHOUDHARY, J.) Smita/-