Extracted from the PDF above. The PDF is authoritative.
2025:JHHC:33570
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
ABA No.6337 of 2025
Kailash Kumbhakar, aged about 49 years, son of Late Nitai Kumbhakar, resident of Village Bara Susni, P.O. & P.S. Rasik Nagar, Town- Jamshedpur, District- East Singhbhum. …. Petitioner
Versus The State of Jharkhand
… Opp. Party
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CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI
------ For the Petitioner : Mr. Agnivesh, Advocate For the State
: Mr. Rajesh Kumar, A.P.P. ------
2/11.11.2025 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 Patamda P.S. Case No. 41 of 2023, registered for the offence under sections 4 and 21 of MMDR Act, Rule 7, 9 and 13 of Jharkhand Mineral (Prevention of Illegal Mining, Transportation and Storage) Rules, 2017 and Sections 379, 414 and 34 of I.P.C., pending in the court of learned Judicial Magistrate 1st Class, Jamshedpur.
3.
Learned counsel appearing for the petitioner submits that the petitioner happened to be the driver of the tractor in question and the allegations are made that 100 Cft. stone chips was being carried. He then submits that the owner of the said vehicle has been granted anticipatory bail in ABA No.783 of 2024 and other co-accused has been granted anticipatory bail in ABA No. 3972 of 2024. He further submits that the petitioner has got no criminal antecedent as disclosed in Para 17 of the petition.
4.
Learned counsel for the State opposed the prayer and submits that the petitioner is the driver of the vehicle and the name of the
2025:JHHC:33570
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petitioner has been taken by the owner of another vehicle.
5. In view of the above and considering that the petitioner is the driver, the other co-accused have been granted anticipatory bail in aforesaid ABAs and the petitioner has got no criminal antecedent; 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 Judicial Magistrate 1st Class, Jamshedpur, in connection with Patamda P.S. Case No. 41 of 2023, 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.) 11.11.2025 R.Kumar