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2025 DAILYLAW 39435 (JHR)

DABLU KUMAR SINGH v. THE STATE OF JHARKHAND

A.B.A./6465/2025 · 2025-11-14

Sanjay Kumar Dwivedi

body2025

Judgment text

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2025:JHHC:34093 --1-- A.B.A. No. 6465 of 2025 IN THE HIGH COURT OF JHARKHAND, RANCHI A.B.A. No. 6465 of 2025 ---- Dablu Kumar Singh, aged about 34 years, S/o Late Ravindra Singh, R/o Tundi Road, Govindpur, PO and PS – Govindpur, District – Dhanbad .... Petitioner -- Versus -- The State of Jharkhand .... Opposite Party ---- CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI --- For the Petitioner :- Ms. Arpita Sinha, Advocate For the State :- Mr. Prabhu Dayal Agarwal, Advocate ---- 02/14.11.2025 Heard learned counsel appearing for the petitioner as well as the learned counsel appearing for the State. 2. The petitioner is apprehending his arrest in connection with Govindpur P.S. Case No.203 of 2024 for the alleged offences registered under Sections 281, 303(2) and 317(2) of Bharatiya Nyaya Sanhita, 2023, Section 21 of Mines and Minerals (Development & Regulation) Act, 1957, Rule 54 of Jharkhand Minor Mineral Concession Rules, 2004 and Rule 13 of Jharkhand Minerals (Prevention of Illegal Mining Transportation and Storage) Rule, 2017 pending in the Court of learned Judicial Magistrate, Dhanbad. 3. Learned counsel appearing for the petitioner submits that the petitioner happened to be the driver-cum-owner of the tractor in question and the allegations are made that 50 cft. sand was being carried in the said tractor. She further submits that the said sand was being carried for his personal use. She then submits that the 2025:JHHC:34093 --2-- A.B.A. No. 6465 of 2025 petitioner has complied the notice under Section 35(3) of Bharatiya Nagarik Suraksha Sanhita, 2023. On these grounds, she submits that anticipatory bail of the petitioner may kindly be granted. 4. Learned counsel appearing for the State opposes the prayer and submits that illegally the sand was being carried. 5. Considering the quantity of the sand and it has been pointed out that the sand was being carried for his personal use and the petitioner has complied the notice under Section 35(3) of Bharatiya Nagarik Suraksha Sanhita, 2023, in that view of the matter the petitioner is directed to surrender before the learned Court within two weeks and the learned Court shall release the petitioner on such terms and conditions or the sureties as the learned Court may deem fit and proper. (Sanjay Kumar Dwivedi, J.) Dated 14.11.2025 Sangam/