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2025 DAILYLAW 40156 (JHR)

BRAJESHWAR MAHTO v. THE STATE OF JHARKHAND

A.B.A./6728/2025 · 2025-11-27

Sanjay Kumar Dwivedi

body2025

Judgment text

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2025:JHHC:35551 --1-- A.B.A. No. 6728 of 2025 IN THE HIGH COURT OF JHARKHAND, RANCHI A.B.A. No. 6728 of 2025 ---- Brajeshwar Mahto, aged about 27 years, son of Gorai Mahto, resident of village – Basudih, PO and PS – Silli, 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, PO – GPO, PS - 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. Rakesh Ranjan, Advocate ---- 02/27.11.2025 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 Complaint Case No.28947 of 2025, for the alleged offences registered under Rule 9/11 of Jharkhand Minerals (Prevention of Illegal Mining Transportation and Storage) Rule 2017, Rule 54 of Jharkhand Minor Mineral Concession Rules, 2004, Section 4/21 of Mines and Minerals (Development & Regulation) Act, 1957, pending in the Court of learned A.C.J.M., Ranchi. 3. Learned counsel appearing for the petitioner submits that the petitioner is the owner of the Tractor in question and the allegations are made that 50 to 70 cft. sand was loaded in the said tractor. He further submits that the said sand was loaded for the personal use. He then 2025:JHHC:35551 --2-- A.B.A. No. 6728 of 2025 submits that the petitioner has got no criminal antecedent as disclosed in paragraph No.14 of the petition. He next submits that the owner-cum- driver of another tractor has been granted anticipatory bail by this Court in ABA No.6542 of 2025. 4. Learned counsel appearing for the State opposes the prayer and submits that illegally sand was being carried. 5. Considering that the petitioner is the owner of one of the Tractor and it has been pointed out that the sand was being carried for the personal use and the petitioner has got no criminal antecedent as disclosed in paragraph No.14 of the petition and one of the co-accused has been granted anticipatory bail by this Court in the aforesaid ABA, I am inclined to provide 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 A.C.J.M., Ranchi in connection with Complaint Case No.28947 of 2025, subject to the conditions as laid down under Section 482(2) of Bharatiya Nagarik Suraksha Sanhita, 2023. (Sanjay Kumar Dwivedi, J.) Dated 27.11.2025 Sangam/