VIVEK SINGH @ VIVEK KUMAR v. THE STATE OF JHARKHAND
A.B.A./7203/2025 · 2025-12-18
Sanjay Kumar Dwivedi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 33062 (JHR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 33062 (JHR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
2025:JHHC:38017
1
IN THE HIGH COURT OF JHARKHAND AT RANCHI
ABA No.7203 of 2025
Vivek Singh @ Vivek Kumar aged about 31 yrs. son of Kamakhya Singh, resident of Village - Belhar, P.O. - Nawadih Damol, P.S. - Pathalgadda, District - Chatra.
…. Petitioner
Versus The State of Jharkhand
… Opp. Party
--------
CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI
------ For the Petitioner : Mr. Sushant Kumar Sinha, Advocate For the State
: Mr. Prabir Kr. Chatterjee, Spl. P.P. ------
2/18.12.2025 Heard learned counsel appearing on behalf of Petitioner and
learned counsel appearing on behalf of the State.
2. The petitioner is apprehending his arrest in connection with Pathalgadda P.S. Case No. 32/2025, for the offences under section 303(2), 317(2), 3(5) of the Bharatiya Nyaya Sanhita, 2023, section 54 of the Jharkhand Mines Mineral Concession Rule 2004, section 21 of the Mines and Minerals (Development & Regulation) Act 1957 and section 13 J.M. (P.I.M.T.&S.) Rule 2017, pending in the Court of Learned Judicial Magistrate 1st Class, Chatra.
3.
Learned counsel appearing for the petitioner submits that petitioner happened to be owner cum driver of the tractor in question and the allegations are made that 100 cft. sand was loaded. He next submits that the petitioner has got no criminal antecedent as disclosed in 14 of the petition.
4.
Learned counsel appearing for the State opposed the prayer and submits that illegally sand was being carried.
5. Considering that petitioner is owner cum driver of the tractor in question and the petitioner has got no criminal antecedent as
2025:JHHC:38017
2
disclosed in 14 of the petition and it has been pointed out that the petitioner is earning his livelihood by way of driving the said tractor, I am inclined to grant anticipatory bail to the petitioner.
6. Accordingly, the petitioner above named is directed to surrender before the learned Court within three weeks from the date of receipt of the order and on the event of his surrender / arrest, he shall be released on bail on furnishing bail bond of Rs.25,000/- (Twenty-Five Thousand) with two sureties of the like amount of each to the satisfaction of learned Judicial Magistrate 1st Class, Chatra, in connection with Pathalgadda P.S. Case No. 32/2025, subject to the condition as laid down under Section 482(2) of Bharatiya Nagarik Suraksha Sanhita, 2023.
7. This Anticipatory Bail Application is accordingly allowed and
disposed of.
(Sanjay Kumar Dwivedi, J.) 18.12.2025 R.Kumar