MOHAMMAD ASADUL SHEKH ALIAS ASADUL SHEIKH v. THE STATE OF JHARKHAND
A.B.A./6870/2025 · 2025-12-05
Sanjay Kumar Dwivedi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 32491 (JHR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 32491 (JHR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
( 2025:JHHC:36464 )
IN THE HIGH COURT OF JHARKHAND AT RANCHI A. B. A. No. 6870 of 2025
1. Mohammad Asadul Shekh @ Asadul Sheikh, age about 41 years, son of Mohammad Yafor, resident of village Lakhanpur, P.O. Lakhanpur, P.S. Pakur (Malpahari), District-Pakur, Jharkhand
2. Manarul Sk @ Manarul Shekh, age about 39 years, son of Nazir Shekh, resident of village Anjana, P.O. Anjana, P.S. Pakur (M), District-Pakur (Jharkhand). ...... … Petitioners
Versus The State of Jharkhand .…. … Opposite Party
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CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI For the Petitioners
:Md. Yasir Arafat, Advocate For the State : Mr. Prabir Kumar Chatterjee, Spl. P.P.
02/ 05.12.2025: Heard learned counsel for the petitioners and learned counsel for the State.
2. The petitioners are apprehending their arrest in connection with Malpahari P.S. Case No. 205/2025, registered under sections 303(2), 317(2) of BNS, 2023, under Rule 4, 54 of Jharkhand Minor Minerals Concession Rule (JMMC Rule), under Section 4, 21 of Mines and Minerals (Development and Regulation) Act (MMDR Act) and rule 7,9, 13 of Jharkhand Minerals (Prevention of Illegal Mining Transportation and Storage) Rule, 2017, pending in the Court of learned SDJM, Pakur.
3.
Learned counsel for the petitioners submits that petitioner no.1 is owner and petitioner no.2 is driver of the hywa in question and allegations are made that 900 cft stone chips was being carried in said hywa vehicle. He submits that petitioners have got no criminal antecedent which is disclosed in para 6 of the petition. On these grounds, he submits that the petitioners may kindly be provided privilege of anticipatory bail.
4.
Learned counsel for the State opposes the prayer and submits that illegally the stone chips was being carried in the said vehicle.
5.
Considering that petitioner no.1 is owner and petitioner no.2 is driver of the truck in question and they have got no criminal antecedent
( 2025:JHHC:36464 )
which is disclosed in para 6 of the petition, I am inclined to grant anticipatory bail to the petitioners. Accordingly, the above named, petitioners are
directed to surrender before the learned court within three weeks from today and in the event of their surrender / arrest, the petitioners shall be released on bail, on furnishing bail bonds of Rs. 25,000/- (twenty five thousand) each with two sureties of the like amount each, to the satisfaction of learned SDJM, Pakur, in connection with Malpahari P.S. Case No. 205/2025, subject to conditions as laid down under Section 482 (2) of B.N.S.S, 2023.
Dt.05.12.2025
( Sanjay Kumar Dwivedi, J.) satyarthi-