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2025 DAILYLAW 33671 (JHR)

SURESH PANDIT v. THE STATE OF JHARKHAND

A.B.A./5902/2025 · 2025-10-09

Sanjay Kumar Dwivedi

body2025

Judgment text

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2025:JHHC:31295 --1-- A.B.A. No. 5902 of 2025 IN THE HIGH COURT OF JHARKHAND, RANCHI A.B.A. No. 5902 of 2025 ---- 1. Suresh Pandit, aged about 46 years, son of Rameshwar Pandit, resident of village – Kolhuakala, PO – Tilaiya Dam, PS – Barhi, District – Hazaribag 2. Manoj Yadav, aged about 38 years, son of Dashrath Yadav, resident of village – Kolhuwakala, PO – Telaiya Dam, PS – Barhi, District – Hazaribag 3. Basant Pandit, aged about 18 years, son of Suresh Pandit, resident of village – Kolhuwakala, PO – Telaiya Dam, PS – Barhi, District – Hazaribag 4. Anil Yadav, aged about 26 years, son of Dashrath Yadav, resident of village – Kolhuwakala, PO – Telaiya Dam, PS – Barhi, District – Hazaribag .... Petitioners -- Versus -- The State of Jharkhand .... Opposite Party ---- CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI --- For the Petitioners :- Mr. Sanjeev Thakur, Advocate :- Mr. Ravi Kr. Pandey, Advocate :- Mr. Ranjan Pd. Sinha, Advocate For the State :- Mr. Someshwar Ray, Advocate ---- 03/09.10.2025 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 Chandwara P.S. Case No.32 of 2025, for the alleged offences registered under Sections 317(2), 303(2), 132, 121(1), 352 and 351(2) of Bharatiya Nyaya Sanhita, 2023 Rule 13 of Jharkhand Minerals (Prevention of Illegal Mining Transportation and Storage) 2025:JHHC:31295 --2-- A.B.A. No. 5902 of 2025 Rule, 2017 and Rule 54 of Jharkhand Minor Mineral Concession Rules, 2004 pending in the Court of learned Judicial Magistrate, Koderma. 3. Learned counsel appearing for the petitioners submits that the allegations are made that in two tractors 100 cft. sand was loaded. He submits that petitioner Nos.1 and 2 are owner of different tractors, however, petitioner Nos.3 and 4 have nothing to do with said allegation. He further submits that the petitioners have got no criminal antecedent as disclosed in paragraph No.11 of the petition. He then submits that false allegations are made against petitioner Nos.3 and 4 of entering into the altercation for taking away the apprehended person. 4. Learned counsel appearing for the State opposes the prayer and submits that illegally sand was being carried. 5. Considering that petitioner Nos.1 and 2 are owner of different tractors and petitioner Nos.3 and 4 are said to be indulged in taking away the apprehended person along with other persons and the petitioners have got no criminal antecedent as disclosed in paragraph No.11 of the petition, 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 2025:JHHC:31295 --3-- A.B.A. No. 5902 of 2025 bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each, with two sureties of the like amount each, to the satisfaction of learned Judicial Magistrate, Koderma in connection with Chandwara P.S. Case No.32 of 2025, subject to the conditions as laid down under Section 482(2) of Bharatiya Nagarik Suraksha Sanhita, 2023. (Sanjay Kumar Dwivedi, J.) Dated 09.10.2025 Sangam/