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2025 DAILYLAW 39809 (JHR)

AWADHESH YADAV v. THE STATE OF JHARKHAND

A.B.A./6768/2025 · 2025-12-01

Sanjay Kumar Dwivedi

body2025

Judgment text

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( 2025:JHHC:35889 ) --1-- IN THE HIGH COURT OF JHARKHAND, RANCHI A.B.A. No. 6768 of 2025 ---- Awadhesh Yadav, aged about 32 years, son of Sambihari Yadav, resident of Village Dhobha, P.O Poswan, P.S Pawana, District Bhojpur, Bihar .... Petitioner -- Versus -- The State of Jharkhand. .... Opposite Party ---- CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI --- For the Petitioner :- Ms. Ayushri, Advocate For the State :- Mr. Bhola Nath Ojha, APP ---- 02/01.12.2025 Heard learned counsel appearing for the petitioners 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. 442 of 2025, for the alleged offences registered under Section 303 (2), 317(2), of Bharatiya Nyaya Sanhita, 2023, Section 4, 4(A), 5, 21 of Mines and Minerals (Development and Regulation) Act, 1957 and Section 7, 9, 13 of Jharkhand Minerals(Prevention of Illegal Mining Transpiration and Storage) Rule 2017, pending in the court of learned Judicial Magistrate, 1st Class, Dhanbad. 3. Learned counsel appearing for the petitioner submits that the petitioner happen to be the owner-cum- driver of the vehicle in question and the allegations are made that 27 bags of soft coal weighing about one ton was loaded in the said vehicle. She further submits that the petitioner earns his livelihood by driving the same vehicle. ( 2025:JHHC:35889 ) --2-- 4. Learned counsel appearing for the State opposes the prayer and submits that illegally coal was being carried by the petitioner in the said vehicle. 5. Considering that the petitioner is the owner-cum-driver and it has been pointed out that he earns his livelihood by driving the said vehicle, and in the attending facts and circumstances of the case, I am inclined to grant anticipatory bail to the petitioner. 6. Accordingly, the petitioner, above named, is hereby directed to surrender before the learned Court within three weeks from today, and in the event of his 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, Judicial Magistrate, 1st Class, Dhanbad. , in connection with Govindpur P.S Case No. 442 of 2025 subject to the conditions as laid down under Section 482(2) of Bharatiya Nagarik Suraksha Sanhita, 2023. 01.12.2025 (Sanjay Kumar Dwivedi, J.) Abha/