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2025 DAILYLAW 3451 (JHR)

SARFRAZ AHMAD v. THE STATE OF JHARKHAND

A.B.A./374/2025 · 2025-01-24

Anil Kumar Choudhary

body2025

Judgment text

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IN THE HIGH COURT OF JHARKHAND AT RANCHI ABA No. 374 of 2025 1. Sarfaraz Ahmad, aged about 46 years, S/O- Ramjan Miyan, 2. Md. Shamshir Ali @ Md. Shamsir, aged about 39 years S/O- Kurban Ansari, Both Residence of Village-Katghara P.O.- +P.S.- Sudan, District- Hazaribag. … Petitioners Versus The State of Jharkhand … Opp. Party Coram: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY For the Petitioner : Mr. Lalan Kr. Singh , Adv. For the State : Ms. Ruby Pandey, Addl.PP 02 / 24.01.2025 Heard the parties. Apprehending their arrest, the petitioners have moved this Court for grant of privilege of anticipatory bail in connection with Chalkusa P.S. Case No. 49 of 2024 registered under Sections 303 (2), 317 (5), 3(5) of the BNS, 2023, Section 4/21 of Mines and Minerals (Development & Regulation) Act, 1957, Rule 9 and 13 of Jharkhand Minerals (Prevention of Illegal Mining, Transportation and Storage) Rules, 2017 and Rule 4/ 54 of Jharkhand Minor Minerals Concession Rules 2004. Learned counsel appearing for the petitioners submits that the allegation against the petitioners is that the petitioners are the owners of the tractors, which were seized while transporting the illegally excavated sand. It is then submitted that the allegations against the petitioners are all false. It is further submitted by learned counsel for the petitioners that the petitioners have no criminal antecedent, as mentioned in paragraph 6 of the anticipatory bail application. It is next submitted that the petitioners are ready to co-operate with the investigation of the case and also undertake to furnish sufficient security including cash security hence, the petitioners be given the privilege of anticipatory bail. The learned Addl. PP opposes the prayer for anticipatory bail of the petitioners. Considering aforesaid facts and circumstances of the case, I am inclined to grant the privilege of anticipatory bail to the petitioners. Hence, in the event of arrest by the police or surrender within a period of six weeks from the date of this order, the petitioners shall be released on bail on depositing Rs. 5,000/- each and 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 JMFC, Hazaribag in connection with Chalkusa P.S. Case No. 49 of 2024 subject to the condition that the petitioners will co- operate with the Investigation of the case and will appear before the Investigating Officer as and when noticed by him and will submit mobile number and photocopy of Aadhaar card at the time of surrender in the court below with an undertaking not to change mobile phone number during the pendency of the case along with the other conditions laid down under section 482 (2) of BNSS, 2023. (ANIL KUMAR CHOUDHARY, J.) Smita/-