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2025 DAILYLAW 38799 (JHR)

UPENDRA KUMAR v. THE STATE OF JHARKHAND

A.B.A./6442/2025 · 2025-11-13

Sanjay Kumar Dwivedi

body2025

Judgment text

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2025:JHHC:33921 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI ABA No.6442 of 2025 Upendra Kumar, aged about 27 years, son of Mani Prasad Yadav, resident of Pujahari Bardouni, P.O. and P.S. Lokay, Narayanpur, District Giridih (Jharkhand) …. Petitioner Versus The State of Jharkhand … Opp. Party -------- CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI ------ For the Petitioner : Mr. Avilash Kumar, Advocate For the State : Mr. Vishwanth Roy, Spl.P.P. ------ 2/13.11.2025 Heard learned counsel appearing on behalf of Petitioner and learned counsel appearing on behalf of the State. 2. The petitioner is apprehending his arrest in connection with Nawalshahi P.S. Case No.65 of 2025, registered under Sections 303(2), 317 (2) of B.N.S., Rule 13 of Jharkhand Minerals (Prevention of Illegal Mining Transportation and Storage) Rules, 2017 and Rule 54 of J.M.M.C. Rules, pending in the court of learned J.M. 1st Class, Koderma. 3. Learned counsel appearing for the petitioner submits that the petitioner happened to be driver of the hywa and the allegations are made that 600 Cft. stone boulders were loaded on the said hywa. He further submits that the petitioner has got no criminal antecedent as disclosed in Para 13 of the petition. He also submits that the said tractor was hired by someone and the petitioner was only carrying the said stone boulders, which was the consignment of somebody. 4. Learned counsel for the State opposed the prayer and submits that illegally stone boulders have been carried. 5. In view of the above and considering that the petitioner has got 2025:JHHC:33921 2 no criminal antecedent and he was just driving the said vehicle and the consignment was of some other person; I am inclined to grant anticipatory bail to the petitioner. 6. Accordingly, the petitioner above named is directed to surrender before the learned Court within three weeks from the date of receipt of the order and on the event of his surrender / arrest, he shall be released on bail on furnishing bail bond of Rs.25,000/- (Twenty-Five Thousand) with two sureties of the like amount of each to the satisfaction of learned J.M. 1st Class, Koderma, in connection with Nawalshahi P.S. Case No.65 of 2025, subject to the condition as laid down under Section 482(2) of Bhartiya Nagarik Suraksha Sanhita, 2023. 7. This Anticipatory Bail Application is accordingly allowed and disposed of. (Sanjay Kumar Dwivedi, J.) 13.11.2025 R.Kumar