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2025 DAILYLAW 33427 (JHR)

DEEPAK KUMAR v. THE STATE OF JHARKHAND

A.B.A./5919/2025 · 2025-10-10

Sanjay Kumar Dwivedi

body2025

Judgment text

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2025:JHHC:31361 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI ABA No.5919 of 2025 Deepak Kumar, aged about 25 years, s/o Raj Mohan Sahu, r/o Village- Bazar Tanr Road Tigra, P.O. Gumla, P.S. – Gumla, District-Gumla (Jharkhand) …. Petitioner Versus The State of Jharkhand … Opp. Party -------- CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI ------ For the Petitioner : Mr. Kirpa Shankar Nanda, Advocate For the State : Mrs. Nehala Sharmin, A.P.P. ------ 2/10.10.2025 Heard learned counsel appearing on behalf of Petitioner and learned counsel appearing on behalf of the State through V.C. 2. The petitioner is apprehending his arrest for the alleged offences registered under Sections 303(2)/317(5) of BNS, under Rules 4/54 of Jharkhand Minor Minerals Concessions Rule, 2004 and under Rules 7/9 of Jharkhand Minerals (Prevention of Illegal Mining Transportation and Storage) Rules, 2017, pending in the Court of learned Chief Judicial Magistrate, Gumla, in connection with Gumla P.S. Case No.245 of 2025. 3. Learned counsel appearing for the petitioner submits that the petitioner is the owner cum driver of the tractor in question and the allegations are made that 100 CFT sand was loaded on the truck. He further submits that the petitioner has got no criminal antecedent as disclosed in Para 8 of the petition. 4. Learned counsel for the State opposed the prayer and submits that illegally sand was being carried. 5. In view of the above and considering that the petitioner is the owner cum driver of the tractor and the petitioner has got no criminal 2025:JHHC:31361 2 antecedent, 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 Chief Judicial Magistrate, Gumla, in connection with Gumla P.S. Case No.245 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.) 10.10.2025 R.Kumar