GULSHAN KUMAR ALLIAS GULSHAN YADAV v. THE STATE OF JHARKHAND
A.B.A./7052/2025 · 2025-12-11
Sanjay Kumar Dwivedi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 33072 (JHR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 33072 (JHR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
2025:JHHC:37317
--1-- A.B.A. No. 7052 of 2025
IN THE HIGH COURT OF JHARKHAND, RANCHI
A.B.A. No. 7052 of 2025
---- Gulshan Kumar @ Gulshan Yadav, aged about 22 years, son of Bachan Yadav, resident of Patna Road, near SBI Bank, PO and PS – Koderma, District - Koderma
.... Petitioner -- Versus --
The State of Jharkhand
.... Opposite Party
----
CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI
---
For the Petitioner :- Mr. Rajarshi Sarkar, Advocate
For the State
:- Mr. Rakesh Kumar Sinha, Advocate
---- 02/11.12.2025 Heard learned counsel appearing for the petitioner as well as the learned counsel appearing for the State.
2. The petitioner is apprehending his arrest in connection with Sudamdih P.S. Case No.74 of 2024, for the alleged offences registered under Sections 303(2), 317(2) and 3(5) of Bharatiya Nyaya Sanhita, 2023, Rule 13 of Jharkhand Minerals (Prevention of Illegal Mining Transportation and Storage) Rule, 2017 and Section 21 of Mines and Minerals (Development & Regulation) Act, 1957, pending in the Court of learned Judicial Magistrate First Class, Dhanbad.
3.
Learned counsel appearing for the petitioner submits that the petitioner happened to be the driver of the truck and the allegations are made that raw coal was loaded. He further submits that the petitioner was not present on the spot. He then submits that owner has been granted anticipatory bail in ABA No.537 of
2025:JHHC:37317
--2-- A.B.A. No. 7052 of 2025
2025. He next submits that the petitioner has got no criminal antecedent as disclosed in paragraph No.17 of the petition.
4.
Learned counsel appearing for the State opposes the prayer and submits that illegally raw coal was loaded.
5. Considering that the petitioner is the driver of the truck and the petitioner has got no criminal antecedent as disclosed in paragraph No.17 of the petition and owner has been granted anticipatory bail in the aforesaid ABA and in the course of argument it has been pointed out that the petitioner earns his livelihood by way of driving the truck, I am inclined to provide anticipatory bail to the petitioner.
6. Accordingly, the petitioner, above named, is hereby directed to surrender before the learned Court within three weeks from today, and in the event of his surrender/arrest, the petitioner, above named, shall be released on bail, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand), with two sureties of the like amount each, to the satisfaction of learned Judicial Magistrate First Class, Dhanbad in connection with Sudamdih P.S. Case No.74 of 2024, subject to the conditions as laid down under Section 482(2) of Bharatiya Nagarik Suraksha Sanhita, 2023.
(Sanjay Kumar Dwivedi, J.) Dated 11.12.2025 Sangam/