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2025 DAILYLAW 35481 (JHR)

SUBODH KUMAR MEHTA v. THE STATE OF JHARKHAND

A.B.A./6046/2025 · 2025-10-15

Sanjay Kumar Dwivedi

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

( 2025:JHHC:31871) 1 A.B.A. No. 6046 of 2025 IN THE HIGH COURT OF JHARKHAND AT RANCHI A. B. A. No. 6046 of 2025 -------- 1.Subodh Kumar Mehta, son of Dwarka Mehta aged about 33 years resident of Village Dari Ghaghar PO Dadi Ghaghar PS Padma District Hazaribagh 2.Nageshwar Bhuiyan @ Nageshwar Bharti son of Vilesh Bhuiyan aged about 40 years resident of Village Boda, PO Ghanghari PS Jori, District Chatra ……… …. Petitioners --Versus-- The State of Jharkhand .…. … Opposite Party -------- CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI ------- For the Petitioners : Mr. Prashant Kr. Rahul, Advocate For the State : Mr. P.D. Agarwal, Spl.P.P. -------- 02/15.10.2025: Heard learned counsel for the petitioners and learned counsel for the State. 2. The petitioners are apprehending their arrest in connection with Bashistanagar P.S. Case No. 58 of 2025, registered under sections 317(5), 3(5) of BNS, 2023, sections 21 of Mines and Minerals (Development & Regulation) Act, 1957, under Rule 54 Jharkhand Minor Minerals Concession Rule, 2004, Rule 13 of Jharkhand Minerals (Prevention of illegal Mining Transportation and Storage) Rules, 2017, pending in the Court of learned Chief Judicial Magistrate, Chatra. 3. Learned counsel for the petitioners submits that petitioner no.1 is owner and petitioner no.2 is driver of Hywa vehicle and allegations are made that 600 cft stone chips were being carried on each of the vehicle. He further submits that petitioners have no criminal antecedent which is disclosed in para 18 of the petition. He then submits that two of the co- accused persons have been granted anticipatory bail in ABA No.5997 of ( 2025:JHHC:31871) 2 A.B.A. No. 6046 of 2025 2025. On these grounds, he submits that the petitioners may kindly be provided privilege of anticipatory bail. 4. Learned counsel for the State opposes the prayer and submits that illegally stone chips were being carried on the said vehicles. 5. Considering that petitioners are drivers of different hywa vehicles and they have no criminal antecedent which is disclosed in para 18 of the petition and two of the co-accused persons have been granted anticipatory bail in ABA No.5997 of 2025, I am inclined to grant anticipatory bail to the petitioners. Accordingly, the above named, petitioners are directed to surrender before the learned court within three weeks from today and in the event of their surrender / arrest, the petitioners shall be released on bail, on furnishing bail bonds of Rs. 25,000/- (twenty five thousand) each with two sureties of the like amount each, to the satisfaction of learned Chief Judicial Magistrate, Chatra, in connection with Bashistanagar P.S. Case No. 58 of 2025, subject to conditions as laid down under Section 482 (2) of B.N.S.S, 2023. Dt.15.10.2025 ( Sanjay Kumar Dwivedi, J.) SI/-