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2025 DAILYLAW 33510 (JHR)

PRAKASH YADAV v. THE STATE OF JHARKHAND

A.B.A./5873/2025 · 2025-10-08

Sanjay Kumar Dwivedi

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:JHHC:31134 IN THE HIGH COURT OF JHARKHAND, RANCHI A.B.A. No. 5873 of 2025 ---- 1.Prakash Yadav, aged about 56 years, son of Tulshi Yadav, resident of Village Brinda, Ward No.7, PO Pathaldiha, PS and District Koderma 2.Mukesh Yadav, aged about 31 years, son of Kartik Gope, resident of Village Pathaldiha PO Pathaldiha PS and District Koderma.... Petitioners -- Versus -- The State of Jharkhand .... Opposite Party ---- CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI --- For the Petitioners :- Mr. Randhir Kumar, Advocate For the State :- Mr. Rakesh Kumar Sinha, Advocate ---- 2/08.10.2025 Heard learned counsels for petitioners and for State. 2. The petitioners are apprehending their arrest in connection with Koderma PS Case No.141 of 2025, for offence registered under section 223, 303(2), 317(5) and 3(5) of BNS, 2023, Rule 13 of Jharkhand Minerals (Prevention fo Illegal Mining, Transportation and Storage) Rules, 2017 and Rule 4/54 of Jharkhand Minor Minerals Concessions Rules, 2004 as well as Rule 21 of Mines and Minerals (Development and Regulations) Act, 1957, pending in court of learned Chief Judicial Magistrate, Koderma. 3. Learned counsel for petitioners submits that petitioners are owner cum drivers of the two different tractors and the allegations are made that 100 cft sand was being carried on the said vehicle and the petitioners have got no criminal antecedent as disclosed in paragraph no.13 of the petition. 4. Learned State counsel opposes prayer and submits that illegally the said sand was being carried on the said vehicle. 5. Considering that petitioners are owner cum drivers of two different tractors and petitioners have got no criminal antecedent as disclosed in para.13 of the petition, I am inclined to grant anticipatory bail to petitioners. 6. Accordingly, petitioners, above named, are hereby directed to surrender before learned court within three weeks from today, and in event of their surrender/arrest, petitioners, above named, shall be released on bail, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand), with two sureties of like amount each, to satisfaction of learned Chief Judicial Magistrate, Koderma, in connection with Koderma PS Case No.141 of 2025, subject to the conditions as laid down under section 482(2) of Bhartiya Nagrik Suraksha Sanhita (BNSS), 2023. ( Sanjay Kumar Dwivedi, J.) 08.10.2025 SI/