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2025 DAILYLAW 37906 (JHR)

LALU GOPE v. THE STATE OF JHARKHAND

A.B.A./7415/2025 · 2025-12-22

Sanjay Kumar Dwivedi

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

( 2025:JHHC:38547 ) -1- A.B.A. No. 7415 of 2025 IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 7415 of 2025 1. Lalu Gope, aged about 29 years, son of Late Sukra Gope, resident of Village- Kalamati Fudi, P.O. & P.S. Khunti, District- Khunti 2. Nilambar Yadav, aged about 41 years, son of Devendra Yadav, resident of Village- Kotegsera, Torpa, P.O. & P.S. Torpa, District- Khunti … Petitioners -Versus- The State of Jharkhand … Opposite Party ----- CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI ----- For the Petitioners : Mr. Arun Kumar, Advocate For the State : Mr. Rajesh Kumar, A.P.P. ----- 04/22.12.2025 Heard learned counsel appearing for the petitioners and learned counsel appearing for the State. 2. The petitioners are apprehending their arrest in connection with Complaint Case No.32948/2025, registered for the offence under Rule 54 of the Jharkhand Minor Mineral Concession Rules, 2004, Rule 9/11 of the Jharkhand Minerals (Prevention of Illegal Mining, Transportation and Storage) Rules, 2017 and Section 4/21 of the MMDR Act, pending in the Court of the learned Additional Chief Judicial Magistrate, Ranchi. 3. Learned counsel appearing for the petitioners submits that petitioner no.1 is the driver and petitioner no.2 is the owner of the seized Hywa having registration No.JH-02-BR-4943 and the allegations are made that 600 cft. sand was loaded on the said vehicle. He further submits that the petitioners are having no criminal antecedents, as disclosed in paragraph 18 of this application. He next submits that another case has also been registered for the same offence at Tupudana Police Station. 4. Learned counsel appearing for the State opposed the prayer and submits that the allegations are there of illegally carrying sand on said vehicle. ( 2025:JHHC:38547 ) -2- A.B.A. No. 7415 of 2025 5. Considering that petitioner no.1 is driver and petitioner no.2 is the owner of the Hywa and they have got no criminal antecedents and for the same offence, another FIR has been registered at Tupudana Police Station and in the attending facts and circumstances of the case, I am inclined to extend the privilege of anticipatory bail to the petitioners. 6. Accordingly, the above-named petitioners are directed to surrender before the learned Court within four weeks from today and in the event of their arrest or surrender, they shall be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Ranchi in connection with Complaint Case No.32948/2025, subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. (Sanjay Kumar Dwivedi, J.) Dated: 22nd December, 2025 Ajay/