KAMLESH KUMAR ALIAS KAMLESH KUMAR YADAV v. THE STATE OF JHARKHAND
A.B.A./5961/2025 · 2025-10-13
Sanjay Kumar Dwivedi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 33738 (JHR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 33738 (JHR) · dailylaw.ai ]
Judgment text
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2025:JHHC:31584
--1-- A.B.A. No. 5961 of 2025
IN THE HIGH COURT OF JHARKHAND, RANCHI
A.B.A. No. 5961 of 2025
---- Kamlesh Kumar @ Kamlesh Kumar Yadav, aged about 52 years, S/o R.D. Yadav, Sarswati Nagar, Fadlogora, Near Kali Mandir, PO – Kanderbera, PS – Chandil, District – Seraikella – Kharsawan, Jharkhand
.... Petitioner -- Versus --
The State of Jharkhand
.... Opposite Party
----
CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI
---
For the Petitioner :- Mr. Abhishek Kr. Dubey, Advocate
For the State
:- Mr. Prabir Kr. Chatterjee, Advocate
---- 02/13.10.2025 Heard learned counsel appearing for the petitioner as well as the learned counsel appearing for the State.
2. The petitioner is apprehending his arrest in connection with Kandra P.S. Case No.09 of 2011, for the alleged offences registered under Sections 467, 468, 471, 414, 34 and 120B of Indian Penal Code, under Section 30(ii) of Coal Mines Act and under Section 33 of Indian Forest Act (G.R. No.199/2011(s) pending in the Court of learned Chief Judicial Magistrate, Seraikella.
3.
Learned counsel appearing for the petitioner submits that the petitioner happened to be the owner of two trucks and the allegations are made that the coal was being carried in five trucks. He further submits that the owners of other trucks have moved before this Court in ABA Nos.1292 of 2025 and 1531 of 2025 and they have been granted anticipatory bail.
2025:JHHC:31584
--2-- A.B.A. No. 5961 of 2025
4.
Learned counsel appearing for the State opposes the prayer and submits that the Cr.M.P. filed by the petitioner has been dismissed as withdrawn in the year 2020 and thereafter the anticipatory bail has been filed.
5. Considering the parameters of consideration of Cr.M.P. meant for quashing of entire criminal proceeding and anticipatory bail are different and it has been pointed out that in the Cr.M.P. the petitioner was protected by interim protection, however, subsequently that has been dismissed in the year 2020 and two of the owners have been granted anticipatory bail by the co-ordinate Bench of this Court, I am inclined to provide anticipatory bail to the petitioner.
6. Accordingly, the petitioner, above named, is hereby directed to surrender before the learned Court within three weeks from today, and in the event of his surrender/arrest, the petitioner, above named, shall be released on bail, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand), with two sureties of the like amount each, to the satisfaction of learned Chief Judicial Magistrate, Seraikella in connection with Kandra P.S. Case No.09 of 2011, subject to the conditions as laid down under Section 482(2) of Bharatiya Nagarik Suraksha Sanhita, 2023.
(Sanjay Kumar Dwivedi, J.) Dated 13.10.2025 Sangam/