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2025 DAILYLAW 35567 (JHR)

MITHLESH CHOUHAN v. THE STATE OF JHARKHAND

A.B.A./6644/2025 · 2025-11-25

Sanjay Kumar Dwivedi

body2025

Judgment text

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2025:JHHC:35245 --1-- A.B.A. No. 6644 of 2025 IN THE HIGH COURT OF JHARKHAND, RANCHI A.B.A. No. 6644 of 2025 ---- Mithlesh Chouhan, aged about 52 years, S/o Bideshi Beldar, R/o village – Ghanghri, PO and PS – Chatra, District – Chatra .... Petitioner -- Versus -- The State of Jharkhand .... Opposite Party ---- CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI --- For the Petitioner :- Ms. Tanu Kumari, Advocate For the State :- Mr. Bishwambhar Shastri, Advocate ---- 04/25.11.2025 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 Bashistanager P.S. Case No.59 of 2025, for the alleged offences registered under Sections 132, 324(4), 324(5), 125(a), 303(2) and 3(5) of Bharatiya Nyaya Sanhita, 2023, Rule 4/54 of Jharkhand Minor Mineral Concession Rules, 2004, Section 21 of Mines and Minerals (Development & Regulation) Act, 1957 and Rule 13 of Jharkhand Minerals (Prevention of Illegal Mining Transportation and Storage) Rule, 2017 pending in the Court of learned Chief Judicial Magistrate, Chatra. 3. Learned counsel appearing for the petitioner submits that the petitioner is the owner of the Tractor in question and the allegations are made that 100 cft. sand was being loaded in the said tractor. She further submits that the petitioner has got no criminal 2025:JHHC:35245 --2-- A.B.A. No. 6644 of 2025 antecedent as disclosed in paragraph No.11 of the petition. 4. Learned counsel appearing for the State opposes the prayer and submits that illegally sand was being carried in the said tractor. 5. Considering that the petitioner is the owner of the Tractor in question and the petitioner has got no criminal antecedent as disclosed in paragraph No.11 of the petition, 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, Chatra in connection with Bashistanager P.S. Case No.59 of 2025, subject to the conditions as laid down under Section 482(2) of Bharatiya Nagarik Suraksha Sanhita, 2023. (Sanjay Kumar Dwivedi, J.) Dated 25.11.2025 Sangam/