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2025 DAILYLAW 3268 (JHR)

SUBODH ORAON v. THE STATE OF JHARKHAND

A.B.A./642/2025 · 2025-01-29

Anil Kumar Choudhary

body2025

Judgment text

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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No.642 of 2025 ------ Subodh Oraon, Aged about 28 Years, Son of Somra Oraon, Resident of: Village-Kaspur, P.O.- Bhandra, P.S.- Bhandra, District- Lohardaga, (Jharkhand) .... .... …. Petitioner Versus The State of Jharkhand .... .... .... Opposite Party ------ CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioner : Mr. Arvind Prajapati, Advocate For the State : Mr. Shiv Shankar Kumar, Addl.P.P ------ Order No.02 Dated- 29-01-2025 Heard the parties. Apprehending his arrest in connection with Bhandra P.S. Case No.64 of 2024 instituted under Section 303 (2), 317 (2) of the B.N.S., 2023, Section 4/21 of Mines and Minerals (Development and Regulation) Act, 1957 and Rule 4/54 of Jharkhand Minor Minerals Concession Rule, 2004, the petitioner has moved this Court for grant of privileges of anticipatory bail. Learned counsel appearing for the petitioner submits that the allegation against the petitioner is that the petitioner was involved in illegal mining of stones. It is submitted that the allegation against the petitioner is false. Drawing attention of this Court towards para-13 of the instant bail application, learned counsel for the petitioner submits that the petitioner has no criminal antecedent. It is further submitted that the persons having inimical terms with the petitioner, have disclosed the name of the petitioner. It is lastly submitted that the petitioner undertakes to co-operate with the investigation of the case and to deposit Rs.17,000/- with the D.C, Lohardaga without prejudice to his defence in this case subject to final decision of the case. Hence, it is submitted that the petitioner be given the privileges of anticipatory bail. Learned Addl. P.P appearing for the State opposes the prayer for anticipatory bail of the petitioner. Considering the submissions of learned counsels and the facts and circumstances stated above, I am inclined to grant privileges of anticipatory bail to the petitioner. Accordingly, the petitioner is directed to surrender in the Court below within six weeks from today and in the event of his arrest or surrendering, he will be enlarged on bail on showing proof of depositing Rs.17,000/- with the D.C, Lohardaga and on furnishing bail bond of Rs.25,000/- (Twenty five thousand) with two sureties of the like amount each to the satisfaction of learned J.M.-1st Class, Lohardaga in connection with Bhandra P.S. Case No.64 of 2024 with the condition that he will co-operate with the investigation of the case and appear before the investigating officer as and when noticed by him and furnish his mobile number and photocopy of the Aadhar Card with an undertaking that he will not change his 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. In case the petitioner deposits Rs.17,000/- with the D.C, Lohardaga, learned court below will pass appropriate order regarding the same at the time of conclusion of trial. (Anil Kumar Choudhary, J.) Abhiraj/