Extracted from the PDF above. The PDF is authoritative.
2025:JHHC:32541
--1-- A.B.A. No. 6192 of 2025
IN THE HIGH COURT OF JHARKHAND, RANCHI
A.B.A. No. 6192 of 2025
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1. Rajesh Mirdha, aged about 42 years, S/o Dipnarayan Mirdha, resident of village – Motiya, PO and PS – Godda (M), District – Godda
2. Kundan Kumar, aged about 26 years, S/o Mahesh Yadav, resident of village – Teliyatikkar, Mohani, PO and PS – Poraiyahat, District - Godda
.... Petitioners -- Versus --
The State of Jharkhand
.... Opposite Party
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CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI
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For the Petitioners :- Mr. S.P. Roy, Advocate
For the State
:- Mrs. Shweta Singh, Advocate
---- 02/29.10.2025 Heard learned counsel appearing for the petitioners as well as the learned counsel appearing for the State.
2. The petitioners are apprehending their arrest in connection with Poraiyahat P.S. Case No.111 of 2025, for the alleged offences registered under Sections 303(2) and 317(2) of Bharatiya Nyaya Sanhita, 2023, Section 4/21 of Mines and Minerals (Development & Regulation) Act, 1957, Rule 9/13 of Jharkhand Minerals (Prevention of Illegal Mining Transportation and Storage) Rule, 2017 and Rule 4/54 of Jharkhand Minor Mineral Concession Rules, 2004 pending in the Court of learned Sub-Divisional Judicial Magistrate, Godda.
3.
Learned counsel appearing for the petitioners submits that the petitioner No.1 is the owner and petitioner No.2 is the driver of the Tractor in question and the allegations are made that 50 cft. of
2025:JHHC:32541
--2-- A.B.A. No. 6192 of 2025
sand was being loaded in the said tractor. He further submits that the petitioners have got no criminal antecedent as disclosed in paragraph No.14 of the petition.
4.
Learned counsel appearing for the State opposes the prayer and submits that illegally sand was loaded in the said tractor.
5. Considering that petitioner No.1 is the owner and petitioner No.2 is the driver of the Tractor in question and the allegation is made of loading of 50 cft. of sand and the petitioners have got no criminal antecedent as disclosed in paragraph No.14 of the petition, I am inclined to provide anticipatory bail to the petitioners.
6. Accordingly, the petitioners, above named, are hereby
directed to surrender before the learned Court within three weeks from today, and in the event of their surrender/arrest, the petitioners, above named, shall be released on bail, 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 Sub-Divisional Judicial Magistrate, Godda in connection with Poraiyahat P.S. Case No.111 of 2025, subject to the conditions as laid down under Section 482(2) of Bharatiya Nagarik Suraksha Sanhita, 2023.
(Sanjay Kumar Dwivedi, J.) Dated 29.10.2025 Sangam/