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2025 DAILYLAW 37273 (JHR)

JITENDRA KUMAR v. THE STATE OF JHARKHAND

A.B.A./7070/2025 · 2025-12-12

Sanjay Kumar Dwivedi

body2025

Judgment text

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2025:JHHC:37433 1 A.B.A. No. 7070 of 2025 IN THE HIGH COURT OF JHARKHAND, RANCHI A.B.A. No. 7070 of 2025 ---- Jitendra Kumar aged about 20 years son of Naresh Saw resident of Village Aara, 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. J.S. Singh, Advocate For the State :- Mr. P.K.Mishra, Advocate ---- 2/12.12.2025 Heard learned counsels for petitioner and for State. 2. The petitioner is apprehending his arrest in connection with Balumath PS Case No.93 of 2025, for offence registered under section 303(2), 317(4), 318(4), 338, 336(4) of BNS, 2023, section 30(ii) of Coal Mines Act, section 21 of Mines and Minerals (Development and Regulation) Act, 1957 and Rule 13 of Jharkhand Minerals (Prevention of Illegal Mining, Transportation and Storage) Rules, 2017, pending in court of learned Chief Judicial Magistrate, Latehar. 3. Learned counsel for petitioner submits that the petitioner is neither the owner nor the driver of the vehicle in question and 200 tons coal were being loaded on the said truck. He submits that only allegation is made against the petitioner that he has produced the loading slip for loading the coal and on the basis of which the coal was loaded. He next submits that said loading slip was produced in investigation and the same was not found as forged and that has come in the case diary. He submits that petitioner has got no criminal antecedent disclosed in para 10. 4. Learned State counsel opposes prayer and submits that on the said loading slip produced by the petitioner the coal was being loaded. 5. Considering that only allegation is made against the petitioner that 2025:JHHC:37433 2 A.B.A. No. 7070 of 2025 the petitioner has produced the loading slip of coal and it has been stated in course of the argument that said loading slip was not found to be forged in the investigation and petitioner is neither the owner nor the driver of the vehicle and has got no criminal antecedent, I am inclined to grant anticipatory bail to petitioner. 6. Accordingly, petitioner, above named, is hereby directed to surrender before learned court within three weeks from today, and in event of his surrender/arrest, petitioner, 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 Chief Judicial Magistrate, Latehar, in connection with Balumath PS Case No.93 of 2025, subject to the conditions as laid down under section 482(2) of Bhartiya Nagrik Suraksha Sanhita (BNSS), 2023. ( Sanjay Kumar Dwivedi, J.) 12.12.2025 SI/