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2025 DAILYLAW 33276 (JHR)

BALKI YADAV v. THE STATE OF JHARKHAND

A.B.A./5861/2025 · 2025-10-08

Sanjay Kumar Dwivedi

body2025

Judgment text

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( 2025:JHHC:31062 ) IN THE HIGH COURT OF JHARKHAND AT RANCHI A. B. A. No. 5861 of 2025 1. Balki Yadav aged about 55 years, son of Lakho Yadav, resident of village PUrhara, P.O. Barhi, P.S. Barhi, District-Hazaribagh, Jharkhand 2. Shyam Sundar Yadav, aged about 42 years, son of Rupan Yadav, resident of village Purhara, P.O. Barhi, P.s. Barhi, District- Hazaribagh ...... … Petitioners Versus The State of Jharkhand .…. … Opposite Party -------- CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI For the Petitioners :Mr. Mritunjay Chaudhary, Advocate For the State : Mrs. Kumari Rashmi, A.P.P. 02/ 08.10.2025: Heard learned counsel for the petitioners and learned counsel for the State. 2. The petitioners are apprehending their arrest in connection with Telaiya P.S. Case No. 224 of 2025, registered under sections 303(2), 317(2) (5), 223 (b) of BNS, 2023, Rule 13 of Jharkhand Minerals (Prevention of illegal Mining Transportation and Storage), Rules, 2017, 54 of JMMC Rules, 2004 and 21 (1)(5) of MMDR, Act, 1957, pending in the Court of learned Additional Chief Judicial Magistrate, Koderma. 3. Learned counsel for the petitioners submits that petitioners are owner of different tractors and allegations are made that 100 cft sand was loaded on each of the tractors. He submits that petitioners have no criminal antecedent which is disclosed in para 10 of the petition. On these grounds, he submits that the petitioners may kindly be provided privilege of anticipatory bail. 4. Learned counsel for the State opposes the prayer and submits that illegally the sand was being carried by the said tractors. 5. Considering that petitioners are owner of different tractors and they have no criminal antecedent which is disclosed in para 10 of the petition, I am inclined to grant anticipatory bail to the petitioners. ( 2025:JHHC:31062 ) Accordingly, the above named, petitioners are directed to surrender before the learned court within three weeks from today and in the event of their surrender / arrest, the petitioners shall be released on bail, on furnishing bail bonds of Rs. 25,000/- (twenty five thousand) each with two sureties of the like amount each, to the satisfaction of learned Additional Chief Judicial Magistrate, Koderma, in connection with Telaiya P.S. Case No. 224 of 2025, subject to conditions as laid down under Section 482 (2) of B.N.S.S, 2023. Dt.08.10.2025 ( Sanjay Kumar Dwivedi, J.) satyarthi-