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2025 DAILYLAW 32485 (JHR)

MD JAINUL ANSARI v. THE STATE OF JHARKHAND

A.B.A./7252/2025 · 2025-12-18

Sanjay Kumar Dwivedi

body2025

Judgment text

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2025:JHHC:38130 --1-- A.B.A. No. 7252 of 2025 IN THE HIGH COURT OF JHARKHAND, RANCHI A.B.A. No. 7252 of 2025 ---- Md. Jainul Ansari, aged 41 years, S/o Kudus Ansari, R/o Naya Nagar, PO – Ganga Prashad, PS – Muffasil Thana, District – Sahibganj, State - Jharkhand .... Petitioner -- Versus -- The State of Jharkhand .... Opposite Party ---- CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI --- For the Petitioner :- Mr. Aaryamann Relan, Advocate :- Ms. Saba Ali, Advocate For the State :- Mrs. Lily Sahay, Advocate ---- 02/18.12.2025 Heard learned counsel appearing for the petitioner as well as the learned counsel appearing for the State. 2. The petitioner is apprehending his arrest in connection with Mirzachouki P.S. Case No.54 of 2025, for the alleged offences registered under Sections 303(2), 317(2) and 210 of Bharatiya Nyaya Sanhita, 2023, Rule 4/54 of Jharkhand Minor Mineral Concession Rules, 2004 and Rule 7/9 of Jharkhand Minerals (Prevention of Illegal Mining Transportation and Storage) Rule, 2017 pending in the Court of learned S.D.J.M., Sahibganj. 3. Learned counsel appearing for the petitioner submits that the petitioner is the driver of the hywa in question and the allegations are made that the hywa was parked for loading of stone chips. He further submits that the allegations are made that excavator was also there and the owner-cum-driver of the excavator has been granted anticipatory bail in ABA No.6978 of 2025 and the driver of another hywa has also been granted anticipatory bail in ABA No.7116 of 2025. He next submits that 2025:JHHC:38130 --2-- A.B.A. No. 7252 of 2025 the petitioner has got no criminal antecedent as disclosed in paragraph No.16 of the petition. 4. Learned counsel appearing for the State opposes the prayer and submits that the hywa was parked with intention to load the stone boulders. 5. Considering that the only allegation is made that hywa was parked for loading of the boulders and two of the co-accused persons in identical situation has been granted anticipatory bail in the aforesaid ABA and the petitioner has got no criminal antecedent as disclosed in paragraph No.16 of the petition, I am inclined to provide anticipatory bail to the petitioner. 6. Accordingly, the petitioner, above named, is hereby directed to surrender before the learned Court within three weeks from today, and in the event of his surrender/arrest, the petitioner, above named, shall be released on bail, 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 S.D.J.M., Sahibganj in connection with Mirzachouki P.S. Case No.54 of 2025, subject to the conditions as laid down under Section 482(2) of Bharatiya Nagarik Suraksha Sanhita, 2023. (Sanjay Kumar Dwivedi, J.) Dated 18.12.2025 Sangam/