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2025 DAILYLAW 33559 (JHR)

AKHTAR ANSARI v. STATE OF JHARKHAND

A.B.A./5938/2025 · 2025-10-10

Sanjay Kumar Dwivedi

body2025

Judgment text

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2025:JHHC:31353 --1-- A.B.A. No. 5938 of 2025 IN THE HIGH COURT OF JHARKHAND, RANCHI A.B.A. No. 5938 of 2025 ---- 1. Akhtar Ansari, aged about 35 years, S/o Shanshuddin Mian, R/o Chadra Pipradih, PO and PS – Jai Nagar, District – Koderma, Jharkhand 2. Md. Sadaf, aged about 39 years, S/o Late Md. Idris Ansari, R/o Bhuli Nagar, PO and PS – Bhuli Nagar, District – Dhanbad, Jharkhand .... Petitioners -- Versus -- The State of Jharkhand .... Opposite Party ---- CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI --- For the Petitioners :- Md. Yasir Arafat, Advocate For the State :- Mr. Vishwanath Roy, Advocate ---- 02/10.10.2025 Heard learned counsel appearing for the petitioners as well as the learned counsel appearing for the State. 2. The petitioners are apprehending their arrest in connection with Mirzachouki P.S. Case No.24 of 2025, for the alleged offences registered under Sections 303(2) and 288 of Bharatiya Nyaya Sanhita, 2023, Rule 4/54 of Jharkhand Minor Mineral Concession Rules, 2004 and under Rule 7/9/13 of Jharkhand Minerals (Prevention of Illegal Mining Transportation and Storage) Rule, 2017 pending in the Court of learned S.D.J.M., Sahibganj. 3. Learned counsel appearing for the petitioners submits that the petitioners are the owner of one of the Poklane machine and the allegations are made that the said machine was being used in illegal mining of stone chips. He further submits that the petitioners have got 2025:JHHC:31353 --2-- A.B.A. No. 5938 of 2025 no criminal antecedent as disclosed in paragraph No.6 of the petition. He then submits that co-accused persons have been granted anticipatory bail in ABA Nos.4977 of 2025 and 5626 of 2025. 4. Learned counsel appearing for the State opposes the prayer and submits that the said poklane machine was being used in illegal mining. 5. Considering that the petitioners are the owners of poklane machine and they have got no criminal antecedent as disclosed in paragraph No.6 of the petition and the co-accused persons have been granted anticipatory bail in the aforesaid ABAs, I am inclined to provide anticipatory bail to the petitioners. 6. Accordingly, the petitioners, above named, are hereby directed to surrender before the learned Court within three weeks from today, and in the event of their surrender/arrest, the petitioners, above named, shall be released on bail, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each, with two sureties of the like amount each, to the satisfaction of learned S.D.J.M., Sahibganj in connection with Mirzachouki P.S. Case No.24 of 2025, subject to the conditions as laid down under Section 482(2) of Bharatiya Nagarik Suraksha Sanhita, 2023. (Sanjay Kumar Dwivedi, J.) Dated 10.10.2025 Sangam/