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2025 DAILYLAW 40000 (JHR)

KUMOD KUMAR DAS v. THE STATE OF JHARKHAND

A.B.A./6655/2025 · 2025-11-26

Sanjay Kumar Dwivedi

body2025

Judgment text

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2025:JHHC:35271 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI ABA No.6655 of 2025 1. Kumod Kumar Das, aged about 24 years, son of Sonalal Das, resident of village Sarkanda, Raykanali, P.O. Raikinari, P.S. Taljhari, District Dumka (Jharkhand). 2. Ravindra Kumar Das, aged about 32 years, son of Bounu Das, resident of village Sarkanda, Raykanali, P.O. Raikinari, P.S. Taljhari, District Dumka (Jharkhand). …. Petitioners Versus The State of Jharkhand … Opp. Party -------- CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI ------ For the Petitioners : Ms. Vidhika Saboo, Advocate For the State : Mr. Bishambhar Shastri, A.P.P. ------ 2/26.11.2025 Heard learned counsel appearing on behalf of Petitioners and learned counsel appearing on behalf of the State. 2. The petitioners are apprehending their arrest in connection with Hansdiha P.S. Case No. 56 of 2025 registered under section 4(1)(A), 21(1) of MMDR Act, under sections 9 and 13 of Jharkhand Mineral (Prevention of Illegal Mining, Transportation and Storage) Rules and under section 303(2) of Bharatiya Nyaya Sanhita, 2023, pending in the court of learned C.J.M., Dumka. 3. Learned counsel appearing for the petitioners submits that petitioner No.1 is owner and petitioner No.2 is the driver of the tractors in question and the said tractors were hired by the mukhia of the concerned village and the tractors were in his control and the allegation is made that 100 cft. sand was loaded on each of the tractors. He further submits that the petitioners have got no criminal antecedent as disclosed in para 11 of the petition. 4. Learned counsel for the State opposed the prayer and submits that illegally sand was being carried. 2025:JHHC:35271 2 5. Considering petitioner No.1 is owner and petitioner No.2 is the driver of the tractors, said tractors were hired by the mukhia of the concerned village and the tractors were in his control and the petitioners have got no criminal antecedent, I am inclined to grant anticipatory bail to the petitioners. 6. Accordingly, the petitioners above named are directed to surrender before the learned Court within three weeks from the date of receipt of the order and on the event of their surrender / arrest, they shall be released on bail on furnishing bail bond of Rs.25,000/- (Twenty-Five Thousand) each with two sureties of the like amount of each to the satisfaction of learned C.J.M., Dumka, in connection with Hansdiha P.S. Case No. 56 of 2025, 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.) 26.11.2025 R.Kumar Uploaded on