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2025 DAILYLAW 37560 (JHR)

SIYA LAL YADAV v. THE STATE OF JHARKHAND

A.B.A./7188/2025 · 2025-12-15

Sanjay Kumar Dwivedi

body2025

Judgment text

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[2025:JHHC:37652] -1- IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 7188 of 2025 Siya Lal Yadav, aged about 50 years, son of Raghuwar Yadav, resident of Village-Mahuatand, VTC Kolhuakalan, P.O. Teliya Dam, P.S.-Barhi, District-Hazaribagh, Jharkhand. ..... … Petitioner Versus The State of Jharkhand ..... … Opposite Party -------- CORAM : HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI ------ For the Petitioner : Mr. Prem Pujari Roy, Advocate. For the State : Mrs. Bandana Sinha, A.P.P. ------ 05/ 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 Mirzachouki P.S. Case No. 54 of 2025, registered for the offence under Sections 303(2), 317(2) and 210 of Bharatiya Nyaya Sanhita, 2023, Rule- 4 and 54 of Jharkhand Minor Mineral Concession Rules, 2004, Rule 7 and 9 of the Jharkhand Minerals (Prevention of Illegal Mining Transportation and Storage) Rules, 2017, pending in the court of learned Sub-Divisional Judicial Magistrate, Sahibganj. 3. Learned counsel appearing for the petitioner submits that the petitioner is the owner of the excavator machine and allegations are made of loading of stone chips. He submits that there is no seizure list of the stone chips. He next submits that the other co-accused persons, who were the owner-cum-drivers of the excavator and hywa truck respectively have already been provided the privilege of anticipatory bail in A.B.A No. 6978 of 2025 and A.B.A. No. 7166 of 2025 by this court. He then submits that the petitioner is having no criminal antecedent and disclosure to that effect has been made in para-5 [2025:JHHC:37652] -2- of the petition. 4. Learned A.P.P. appearing for the State has opposed the prayer and submits that the allegations are there of loading the stone chips. 5. Considering that there is no seizure list of the stone chips and the other co-accused persons, who were the owner-cum-drivers of the excavator and hywa truck respectively have already been provided the privilege of anticipatory bail in A.B.A No. 6978 of 2025 and A.B.A. No. 7166 of 2025 by this court and the petitioner is having no criminal antecedent and disclosure to that effect has been made in para-5, I am inclined to grant anticipatory bail to the petitioner. 6. Accordingly, the petitioner, named above, is directed to surrender before the learned court within three weeks from today and in the event of his surrender / arrest, the petitioner, named above, shall be released on bail, on furnishing bail bonds of Rs. 25,000/- (twenty- five thousand), with two sureties of the like amount each, to the satisfaction of learned Sub-Divisional Judicial Magistrate, Sahibganj, in connection with Mirzachouki P.S. Case No. 54 of 2025, subject to conditions as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. (Sanjay Kumar Dwivedi, J.) Dated:-15.12.2025 Amitesh/-