BAIJNATH SAO ALIAS BAIJNATH SAHU v. THE STATE OF JHARKHAND
A.B.A./330/2025 · 2025-01-23
Anil Kumar Choudhary
body2025
DailyLaw.ai
[ 2025 DAILYLAW 3202 (JHR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 3202 (JHR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No.330 of 2025
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1. Baijnath Sao @ Baijnath Sahu, age about 42 years, Son of Rajmani Sao.
2. Shiv Nath Sao, age about 31 years, Son of Rajmani Sao. Both are Residents of Village- Rajwadih, P.O. & P.S. Daltonganj, District Palamau .... .... …. Petitioners
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. Manoj Kr. No.2, Advocate
For the State
: Mr. Achinto Sen, Addl.P.P
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Order No.02 Dated- 23-01-2025
Heard the parties.
Apprehending their arrest in connection with Sadar P.S. Case No.109 of 2024 instituted under Sections 223, 303 (2), 3 (5) and 317 (2) of the B.N.S., 2023, Section 21 of M.M.D.R. Act, Rule 54 of Jharkhand Minor Mineral Concession Rules, 2004 and Rule 13 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 petitioners are respectively the owner and driver of the tractor bearing registration No. JH03AP 8173 which was seized by police while being involved in transportation of illegally excavated sand. It is submitted that the allegation against the petitioners is false. Drawing attention of this Court towards para-11 of the instant bail application, 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 Addl. 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 C.J.M., Palamau at Daltonganj in connection with Sadar P.S. Case No.109 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 number and photocopy of the Aadhar Card with an undertaking that they will not change their mobile number 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.) Animesh/