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2025 DAILYLAW 3898 (JHR)

PRINCE GUPTA ALIAS PRINCE KUMAR v. THE STATE OF JHARKHAND

A.B.A./760/2025 · 2025-02-05

Anil Kumar Choudhary

body2025

Judgment text

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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No.760 of 2025 ------ 1. Prince Gupta @ Prince Kumar, aged about 22 years S/o Awadh Saw, 2. Nandu Gond, aged about 36 years, S/o Birsay Gond, 3. Vikash Chandravanshi, aged about 30 years, S/o Sitaram Chandravanshi, all are R/o At- Paraspani Kala, PO & PS- Dhurki, District- Garhwa, Jharkhand 4. Taufik Ansari, aged about 30 years, S/o Latif Ansari, R/o At- Mirchaiya, Tola- Jhalha, PO & PS- Dhurki, District- Garhwa, Jharkhand, 5. Mukesh Gupta @ Mukesh Kumar, aged about 30 years S/o Vijay Saw, R/o Vill & PO & PS- Dhurki, District- Garhwa, Jharkhand .... .... …. Petitioners Versus The State of Jharkhand .... .... .... Opposite Party ------ CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioners : Mr. Raj Nandan Chatterjee, Advocate For the State : Mr. Pankaj Kr. Mishra, Addl.P.P ------ Order No.02 Dated-05-02-2025 Heard the parties. Apprehending their arrest in connection with Dhurki P.S. Case No.157 of 2024 instituted under Section 303(2)/317(4)/111 of the B.N.S., 2023, Rule 4/54 of J.M.M.C. Rule, 2004, Section 21 of Mines and Minerals (Development & Regulation) Act and Rule 7/13 of Jharkhand Minerals (Prevention of illegal Mining, Transportation and Storage) Rule, 2017, the petitioners have moved this Court for grant of privileges of anticipatory bail. Learned counsel appearing for the petitioners submits that the allegation against the petitioners is that the petitioners were involved in storage of illegally excavated sand. It is submitted that the allegation against the petitioners is false. Drawing attention of this court towards para-12 of the instant bail application, learned counsel for the petitioners submits that the petitioners have no criminal antecedent. It is next submitted that the petitioners undertake to co-operate with the investigation of the case and to furnish sufficient security including cash security. Hence, it is submitted that the petitioners be given the privileges of anticipatory bail. Learned Addl.P.P appearing for the State opposes the prayer for anticipatory bail of the petitioners. Considering the submissions of learned counsels and the facts and circumstances stated above, I am inclined to grant privileges of anticipatory bail to the petitioners. Accordingly, the petitioners are directed to surrender in the Court below within six weeks from today and in the event of their arrest or surrendering, they will be enlarged on bail on depositing Rs.10,000/- each as cash security and 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 ACJM, Nagar Untari, Garhwa in connection with Dhurki P.S. Case No.157 of 2024 with the condition that they will co- operate with the investigation of the case and appear before the investigating officer as and when noticed by him and furnish their mobile numbers and photocopy of the Aadhar Cards with an undertaking that they will not change their mobile numbers during the pendency of the case and further conditions as laid down under Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. (Anil Kumar Choudhary, J.) Saroj/