Extracted from the PDF above. The PDF is authoritative.
( 2025:JHHC:33454 ) -1- A.B.A. No. 6297 of 2025
IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No. 6297 of 2025
Mahijuddin Momin, aged about 45 years, son of Alimuddin Momin, resident of Village- Babupur, P.O. & P.S. Hiranpur, District- Pakur
… Petitioner
-Versus- The State of Jharkhand
… Opposite Party
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CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI
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For the Petitioner : Mr. Gautam Kumar, Advocate For the State
: Mr. Fahad Allam, A.P.P.
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02/10.11.2025 Heard learned counsel appearing for the petitioner and learned counsel appearing for the State.
2. The petitioner is apprehending his arrest in connection with Pakur Muffasil P.S. Case No.179/2025, registered for the offence under Sections 318(4), 338, 336(3), 340(2), 303(2), 3(5) of the Bharatiya Nyaya Sanhita, Rule 54 of Jharkhand Minor Minerals Concession Rules, Section 4/21 of the Mines and Minerals (Development and Regulation) Act and Rules 7, 9, 13 of the Jharkhand Mineral (Prevention of Illegal Mining, Transportation and Storage) Rules, 2017, pending in the Court of the learned S.D.J.M., Pakur.
3.
Learned counsel appearing for the petitioner submits that the petitioner is the owner of the vehicle having registration no. JH-16H-0772. He further submits that the petitioner is a mere transporter and he was engaged in transportation of the stone chips. He then submits that along with the FIR, the transport challan is also annexed. He next submits that the said challan is not fake one. He also submits that on the basis of the said challan, stone chip was being transported to Motihari in the State of Bihar. He further submits that the petitioner has got no criminal antecedent, as disclosed in paragraph 11 of this application.
( 2025:JHHC:33454 ) -2- A.B.A. No. 6297 of 2025
4.
Learned counsel appearing for the State opposed the prayer and submits that on the fake challan, stone chip was being transported.
5. Considering that the petitioner is the owner of the said vehicle and he has got no criminal antecedent and the said challan is in dispute and in the attending facts and circumstances of the case, I am inclined to extend the privilege of anticipatory bail to the petitioner.
6. Accordingly, the above-named petitioner is directed to surrender before the learned Court within three weeks from today and in the event of his arrest or surrender, he will be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Pakur in connection with Pakur Muffasil P.S. Case No.179/2025, subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
(Sanjay Kumar Dwivedi, J.) Dated: 10th November, 2025 Ajay/