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2025 DAILYLAW 36352 (JHR)

MD. SAMSAD v. THE STATE OF JHARKHAND

A.B.A./7145/2025 · 2025-12-15

Sanjay Kumar Dwivedi

body2025

Judgment text

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2025:JHHC:37661 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI ABA No.7145 of 2025 1. Md. Samsad aged about 45 Years son of Md Subhan 2. 2. Sukur Miyan @Sakar Miyan @ Sakur Miyan aged about 45 Years son of Md. Rafik Miyan+- 3. Mehboob Alam aged about 38 Years son of Abdul Karim, 4. Jubair Ansari @ Jubair aged about 27 Years son of Abdul Karim, All above petitioners are resident of Village Manjhgawan, Post Office & Police Station, Gidhour, District Chatra …. Petitioners Versus The State of Jharkhand … Opp. Party -------- CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI ------ For the Petitioners : Mr. Manish Yadav, Advocate For the State : Mr. Vishwanath Roy, Spl. P.P. ------ 2/15.12.2025 Heard learned counsel appearing on behalf of Petitioners and learned counsel appearing on behalf of the State. 2. The petitioners are apprehending their arrest in connection with Chatra Sadar P.S. Case No. 326/2025, registered for the offence committed under section 303(2) / 3(5) of the BNS and under sections 21 Mines and Minerals Development and Regulation Act and under Rule 54 of the JMMC Rules and under Rule 13 Jharkhand Minerals (Prevention of illegal Mining Transportation and storage Rules, which is pending in the Court of Learned Chief Judicial Magistrate Chatra. 3. Learned counsel appearing for the petitioners submits that petitioners are the owners cum drivers of the different tractors and the allegations are made that 100 Cft sand was loaded on the tractors. He next submits that the petitioners have got no criminal antecedent as disclosed in Para 12 of the petition. 4. Learned counsel appearing for the State opposed the prayer and 2025:JHHC:37661 2 submits that illegally sand was being carried. 5. Considering that petitioners are owners cum drivers of the different tractors and the petitioners have got no criminal antecedent as disclosed in para – 12 of the petition, I am inclined to grant anticipatory bail to the petitioners. 6. Accordingly, the petitioners above named are directed to surrender before the learned Court within three weeks from the date of receipt of the order and on the event of their surrender / arrest, they shall be released on bail on furnishing bail bond of Rs.25,000/- (Twenty-Five Thousand) each with two sureties of the like amount of each to the satisfaction of learned Chief Judicial Magistrate Chatra in connection with Chatra Sadar P.S. Case No. 326/2025, subject to the condition as laid down under Section 482(2) of Bharatiya Nagarik Suraksha Sanhita, 2023. 7. This Anticipatory Bail Application is accordingly allowed and disposed of. (Sanjay Kumar Dwivedi, J.) 15.12.2025 R.Kumar