Research › Search › Judgment

High Court of Jharkhand · body

2025 DAILYLAW 40190 (JHR)

DIPAK GUPTA @ DEEPAK KUMAR v. THE STATE OF JHARKHAND

A.B.A./6208/2025 · 2025-10-30

Sanjay Kumar Dwivedi

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

( 2025:JHHC:32641 ) IN THE HIGH COURT OF JHARKHAND AT RANCHI A. B. A. No. 6208 of 2025 Dipak Gupta @ Deepak Kumar, aged about 30 years, son of Daya Shankar Gupta, resident of Bqtr. No. B/43, Swang Colony, P.O. Swang Colony, P.S. Birsa, District-Bokaro ...... … Petitioner Versus The State of Jharkhand .…. … Opposite Party -------- CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI For the Petitioner :Ms. Trishna Sagar, Advocate For the State : Mr. Vineet Kr. Vashistha, .P.P. 02/ 30.10.2025: Heard learned counsel for the petitioner and learned counsel for the State. 2. The petitioner is apprehending his arrest in connection with Peterwar (Tenughat O.P.) P.S. Case No. 41 of 2025, registered under sections 303(2)/317(5) of BNS, 2023, under section 21 of MMDR Act, 1957, and Rule 13 of Jharkhand Minerals (Prevention of illegal Mining Transportation and Storage) Rules, 2017 pending in the Court of learned S.D.J.M, Bermo at Tenughat. 3. Learned counsel for the petitioner submits that allegations are made that 115 ton of illegal coal was stored in different places of village Putkadih and it has been stated in the F.I.R that unknown villagers have taken the name of the petitioner. She further submits that petitioner has nothing to do with the storage of coal and even the land is not of the petitioner. She also submits that petitioner has got no criminal antecedent which is disclosed in para 12 of the petition. On these grounds, she submits that the petitioner may kindly be provided privilege of anticipatory bail. 4. Learned counsel for the State opposes the prayer and submits that name of the petitioner has been taken by the unknown villagers. 5. Considering that petitioner has got no criminal antecedent ( 2025:JHHC:32641 ) which is disclosed in para 12 of the petition, the person who has taken the name of the petitioner, the name of that person is not disclosed in the F.I.R and even the land where the coal was stored, is denied by the petitioner. 6. In the attending facts and circumstances of the case, I am inclined to grant anticipatory bail to the petitioner. Accordingly, the above named, petitioner is directed to surrender before the learned court within three weeks from today and in the event of his surrender / arrest, the petitioner shall be released on bail, on furnishing bail bonds of Rs. 25,000/- (twenty five thousand) with two sureties of the like amount each, to the satisfaction of learned S.D.J.M, Bermo at Tenughat, in connection with Peterwar (Tenughat O.P.) P.S. Case No. 41 of 2025, subject to conditions as laid down under Section 482 (2) of B.N.S.S, 2023. Dt.30.10.2025 ( Sanjay Kumar Dwivedi, J.) satyarthi-