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2025 DAILYLAW 33116 (JHR)

RAJ KUMAR SAW v. THE STATE OF JHARKHAND

A.B.A./6215/2025 · 2025-10-30

Sanjay Kumar Dwivedi

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:JHHC:32630 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI ABA No.6215 of 2025 1. Raj Kumar Saw, aged about 45 years, Son of Mitan Saw, Resident of Village Maheshlundi, P.O. - Giridih, P.S. Giridih(M), District - Giridih. 2. Surendra Kumar, aged about 30 years, Son of Dhanraj Saw, Resident of Village - Barahmoria, P.O. Giridih, P.S. - Giridih(M), District - Giridih. …. Petitioners Versus The State of Jharkhand … Opp. Party -------- CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI ------ For the Petitioners : Mr. Vijay Kr. Roy, Advocate For the State : Mrs. Lily Sahay, Spl.P.P. ------ 2/30.10.2025 Heard learned counsel appearing on behalf of Petitioners and learned counsel appearing on behalf of the State. 2. The petitioners are apprehending their arrest in connection with Giridih (M) P.S. Case No. 196 of 2025, for the offence registered under sections 303(2), 317(2) of Bharatiya Nyaya Sanhita; 2023 and Section r/w 4/21(A), 21(6), 22 of J.M.M.D.R. Act, r/w 4/54 of JMMC Rules & Section 7/9 of Jharkhand Minerals (Prevention of Illegal Mining, Transportation and Storage Rule) 2017, pending in the court of Learned Sub-Divisional Judicial Magistrate, Giridih. 3. Learned counsel appearing for the petitioners submits petitioner No.1 is the driver and the petitioner No.2 is the owner of the tractors in question and the allegations are made that 100 CFT sand was loaded on each of the tractors in question. He further submits that the petitioners have got no criminal antecedent as disclosed in para 9 of the petition. 4. Learned counsel for the State opposed the prayer and submits that illegally sand was being carried. 2025:JHHC:32630 2 5. In view of the above and considering that the petitioners are the driver and owner of the tractors in question and they have got no criminal antecedent, I am inclined to grant anticipatory bail to the petitioners. 6. Accordingly, the petitioners above named are directed to surrender before the learned Court within three weeks from the date of receipt of the order and on the event of their surrender / arrest, they shall be released on bail on furnishing bail bond of Rs.25,000/- (Twenty-Five Thousand) each with two sureties of the like amount of each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Giridih, in connection with Giridih (M) P.S. Case No. 196 of 2025, subject to the condition as laid down under Section 482(2) of Bhartiya Nagarik Suraksha Sanhita, 2023. 7. This Anticipatory Bail Application is accordingly allowed and disposed of. (Sanjay Kumar Dwivedi, J.) 30.10.2025 R.Kumar