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2025 DAILYLAW 37082 (JHR)

BIRSA MUNDA v. THE STATE OF JHARKHAND

A.B.A./7170/2025 · 2025-12-15

Sanjay Kumar Dwivedi

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2025:JHHC:37656] -1- IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 7170 of 2025 Birsa Munda, aged about 30 years, son of Kuwar Munda, resident of Khunti Nawadih Sandasom, Tarosiladon, Khunti, P.O. and P.S.-Khunti, District- Khunti, PIN 835221. ..... … Petitioner Versus The State of Jharkhand ..... … Opposite Party -------- CORAM : HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI ------ For the Petitioner : Ms. Vidhika Saboo, Advocate. For the State : Mr. B. Shastri, A.P.P. ------ 04/ 15.12.2025 Heard learned counsel for the petitioner and learned A.P.P for the State. 2. The petitioner is apprehending his arrest in connection with Bundu P.S. Case No. 21 of 2025, registered for the offence under Section 317(2) of Bharatiya Nyaya Sanhita, 2023, Section 4/21 of the Mines and Minerals (Development and Regulation) Act, 1957 and Rule 7/9 of the Jharkhand Minerals (Prevention of Illegal Mining Transportation and Storage) Rules, 2017, pending in the court of learned Judicial Magistrate, 1st Class-VI, Ranchi. 3. Learned counsel appearing for the petitioner submits that the petitioner happened to be the owner of the tractor in question and allegation is made that 100 CFT sand was loaded on the said tractor. She further submits that petitioner has no criminal antecedent which is disclosed in para-8 of the petition. She next submits that the driver of the said tractor has already been provided the privilege of anticipatory bail in A.B.A. No. 3635 of 2025 by this court. 4. Learned A.P.P. appearing for the State has opposed the prayer and submits that illegal sand was loaded on the said tractor. [2025:JHHC:37656] -2- 5. Considering that the petitioner happened to be the owner of the tractor in question and further he is having no criminal antecedent and disclosure to that effect has been made in para-8 of the petition and the driver of the said tractor has already been provided the privilege of anticipatory bail in A.B.A. No. 3635 of 2025 by this court, I am inclined to provide the privilege of anticipatory bail to the petitioner. 6. Accordingly, the petitioner, named above, is hereby directed to surrender before the learned court within three weeks from today, and in the event of her 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 Judicial Magistrate, 1st Class-VI, Ranchi, in connection with Bundu P.S. Case No. 21 of 2025, subject to the conditions as laid down under section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. (Sanjay Kumar Dwivedi, J.) Dated:-15.12.2025 Amitesh/-