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2025 DAILYLAW 32552 (JHR)

SOMA SOLANKI v. THE STATE OF JHARKHAND

A.B.A./7234/2025 · 2025-12-18

Sanjay Kumar Dwivedi

body2025

Judgment text

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2025:JHHC:38146 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 7234 of 2025 1. Soma Solanki, aged about 42 years, Son of Subhash Solanki, R/O Village- Ninai, P.O. and P.S.- Basia, District- Gumla (Jharkhand) 2. Laxmikant Manjhi, aged about 38 years, S/O Balgobind Manjhi, R/O Village- Surajpur, Dakatoli, Kumhari, P.O. and P.S.- Basia, District- Gumla (Jharkhand) …Petitioner -Versus- The State of Jharkhand … Opposite Party ----- CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI ----- For the Petitioner : Mr. Kripa Shankar Nanda, Advocate For the State : Mr. Rakesh Kumar Sinha, A.P.P. ----- 02/18.12.2025 Heard learned counsel appearing for the petitioners and learned counsel appearing for the State. 2. The petitioners are apprehending their arrest in connection with Basia P.S. Case No.86 of 2025, registered for the offence under Sections 303(2)/317(2) of the BNS, under Section 4/21 of Mines and Minerals (Development and Regulation) Act, 1957 and under Section 4/54 of Jharkhand Minor Minerals Concession Rule, 2004 and under Section 7/9 of Jharkhand Minerals (Prevention of illegal Mining Transportation and Storage) Rule, 2017 pending in the Court of the learned Additional Chief Judicial Magistrate, Gumla. 3. Learned counsel appearing for the petitioner submits that the petitioner no. 1 is owner and petitioner no. 2 is the driver of the tractor and the allegations are made against them that 50cft of boulder have been loaded in the tractor. However, petitioners are having one case under the Electricity Act and there is no case of present nature. 4. Learned counsel appearing for the State opposed the prayer and submits that illegally, the boulder have been loaded in the tractor. 2025:JHHC:38146 2 5. Considering that petitioners are owner and driver of the tractor respectively. The identical nature criminal antecedent is not there, I am inclined to extend the privilege of 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 arrest or surrender, they will be enlarged on bail 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 Additional Chief Judicial Magistrate, Gumla Magistrate, 1st Class, in connection with Basia P.S. Case No.86 of 2025, subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. (Sanjay Kumar Dwivedi, J.) Dated: 18th December, 2025 Simran/