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2025 DAILYLAW 39708 (JHR)

JAIDEV KUMAR MAHTO v. THE STATE OF JHARKHAND

A.B.A./6731/2025 · 2025-11-27

Sanjay Kumar Dwivedi

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2025:JHHC:35516] -1- IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 6731 of 2025 Jaidev Kumar Mahto, aged about 29 years, son of Punwa Mahto, resident of Village Sarjamdih, P.O. & P.S. Sonahatu, District - Ranchi. ..... … Petitioner Versus 1. The State of Jharkhand. 2. The District Mining Officer, Ranchi, having his office at District Mining Office (Ranchi), DC Office, Kutchery Chowk, P.O.-G.P.O, P.S. Kutchery, District- Ranchi, Jharkhand. ..... … Opposite Parties -------- CORAM : HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI ------ For the Petitioner : Mr. Rahul Kumar, Advocate. For the State : Mr. Someshwar Roy, A.P.P. ------ 03/ 27.11.2025 Heard learned counsel for the petitioner and learned A.P.P. for the State. 2. The petitioner is apprehending his arrest in connection with Complaint Case No. 28947 of 2025, registered for the offences under Sections 9/11 of the Jharkhand Minerals (Prevention of Illegal Mining Transportation and Storage) Rules, 2017, Rule-54 of Jharkhand Minor Mineral Concession Rules, 2004 and Section 4/21 of the Mines and Minerals (Development and Regulation) Act, 1957, pending in the court of learned Additional Chief Judicial Magistrate, Ranchi. 3. Learned counsel appearing for the petitioner submits that the petitioner is the owner-cum-driver of the tractor in question and it has been alleged that 50-70 CFT sand was loaded on the said tractor. He next submits that the said sand was being carried for the personal use. He then submits that the petitioner is having no criminal antecedent and disclosure to that effect has been made in para-17 of the [2025:JHHC:35516] -2- petition. He further submits that in the similar circumstance, the other co-accused person has already been provided the privilege of anticipatory bail in A.B.A. No. 6728 of 2025 by this court. 4. Learned A.P.P. appearing for the State has opposed the prayer and submit that illegally the sand was being carried on the tractor in question. 5. Considering that the petitioner is the owner-cum-driver of the tractor in question and the petitioner is having no criminal antecedent and disclosure to that effect has been made in para-17 of the petition and further in the similar circumstance, the other co-accused person has already been provided the privilege of anticipatory bail in A.B.A. No. 6728 of 2025 by this court, I am inclined to provide the privilege of anticipatory bail to the petitioner. 6. Accordingly, the petitioner, named above, is hereby directed to surrender before the learned court within three weeks from today, and in the event of her surrender/arrest, the petitioner, above named, shall be released on bail, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand), with two sureties of the like amount each, to the satisfaction of learned Additional Chief Judicial Magistrate, Ranchi, in connection with Complaint Case No. 28947 of 2025, subject to the conditions as laid down under section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. (Sanjay Kumar Dwivedi, J.) Dated:-27.11.2025 Amitesh/-