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2025:JHHC:34207
--1-- A.B.A. No. 6500 of 2025
IN THE HIGH COURT OF JHARKHAND, RANCHI
A.B.A. No. 6500 of 2025
---- Devdip Saw, aged about 42 years, son of Ramprasad Saw, resident of village – Amarvadih, PO – Ganeshpur, PS – Balumath, District - Latehar
.... Petitioner -- Versus --
The State of Jharkhand
.... Opposite Party
----
CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI
---
For the Petitioner :- Mr. Jitendra Shankar Singh, Advocate
For the State
:- Mrs. Ruby Pandey, Advocate
---- 02/17.11.2025 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 Balumath P.S. Case No.106 of 2025, for the alleged offences registered under Sections 303(2) and 317(5) of Bharatiya Nyaya Sanhita, 2023, 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, Latehar.
3.
Learned counsel appearing for the petitioner submits that the petitioner happened to be the owner-cum-driver of the truck in question and the allegations are there that 30 tons coal was loaded in the said vehicle. He further submits that the petitioner has got no criminal antecedent as disclosed in paragraph No.10 of the petition. He then submits that the truck was within the colliery premises and
2025:JHHC:34207
--2-- A.B.A. No. 6500 of 2025
has not passed the gate meant for checking of the vehicle.
4.
Learned counsel appearing for the State opposes the prayer and submits that 30 tons coal was loaded in absence of any paper.
5. Considering that the petitioner happened to be the owner- cum-driver of the vehicle in question and within the colliery premises the said truck has been seized and the petitioner has got no criminal antecedent as disclosed in paragraph No.10 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, Latehar in connection with Balumath P.S. Case No.106 of 2025, subject to the conditions as laid down under Section 482(2) of Bharatiya Nagarik Suraksha Sanhita, 2023.
(Sanjay Kumar Dwivedi, J.) Dated 17.11.2025 Sangam/