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2025 DAILYLAW 36932 (JHR)

GUNADHAR MANJHI v. THE STATE OF JHARKHAND

A.B.A./6383/2025 · 2025-11-12

Sanjay Kumar Dwivedi

body2025

Judgment text

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2025:JHHC:33769 1 A.B.A. No. 6383 of 2025 IN THE HIGH COURT OF JHARKHAND, RANCHI ---- A.B.A. No. 6383 of 2025 ------ 1.Gunadhar Manjhi aged about 64 years son of Sibu Manjhi resident of Village -Pasai, PO and PS -Godda(M), District -Godda 2.Jagdish Rai, aged about 41 years, son of Rajeshwar Rai, resident of Village -Tenola, Tarkhutta, PO and PS Godda(M), District-Godda …. Petitioners -- Versus -- The State of Jharkhand ………...... Opposite Party ---- CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI --- For the Petitioners :- Mr. S.P. Roy, Advocate For the State :- Mr. Pankaj Kumar Mishra, Advocate ---- 2/12.11.2025 Heard learned counsels for petitioners and for State. 2. The petitioners are apprehending their arrest in connection with Poraiyahat PS Case No.110 of 2025, for offence registered under sections 303(2), 317(2) of the BNS, 2023, Sections 4/21 of Mines and Minerals (Development and Regulation) Act, 1957, Rules 9 and 13 of Jharkhand Minerals (Prevention of Illegal Mining, Transportation and Storage), Rules, 2017 and Rules 4/54 of Jharkhand Minor Mineral Concession Rules, 2004 (as amended), pending in court of learned Sub Divisional Judicial Magistrate, Godda. 3. Learned counsel for petitioners submits that petitioner no.1 happened to be the owner of the vehicle in question and the petitioner no.2 is driver of the vehicle and the allegations are made that 80 cft sand was being carried on it and he further submits that the petitioners have got no criminal antecedent as disclosed in paragraph no.14 of the petition. 4. Learned State counsel opposes prayer and submits that illegally the sand was being carried on the said vehicle. 5. Considering that petitioner no.1 happened to be the owner of the vehicle in question and the petitioner no.2 is driver of the vehicle and the 2025:JHHC:33769 2 A.B.A. No. 6383 of 2025 petitioners have got no criminal antecedent as disclosed in paragraph no.14 of the petition, I am inclined to grant anticipatory bail to petitioners. 6. Accordingly, petitioners, above named, are hereby directed to surrender before learned court within three weeks from today, and in event of their surrender/arrest, petitioners, above named, shall be released on bail, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand), with two sureties of like amount each, to satisfaction of learned Sub Divisional Judicial Magistrate, Godda, in connection with Poraiyahat PS Case No.110 of 2025, subject to the conditions as laid down under section 482(2) of Bhartiya Nagrik Suraksha Sanhita (BNSS), 2023. ( Sanjay Kumar Dwivedi, J.) 12.11.2025 SI/