Research › Search › Judgment

High Court of Jharkhand · body

2025 DAILYLAW 40436 (JHR)

SUKHDEV YADAV v. STATE OF JHARKHAND

A.B.A./7398/2025 · 2025-12-22

Sanjay Kumar Dwivedi

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:JHHC:38536 --1-- A.B.A. No. 7398 of 2025 IN THE HIGH COURT OF JHARKHAND, RANCHI A.B.A. No. 7398 of 2025 ---- 1. Sukhdev Yadav, aged about 49 years, son of Nanhku Yadav 2. Sitaram Kumar Yadav, aged about 35 years, son of Munshi Yadav Both are resident of village – Chainpur, PO and PS – Domchanch, District - Koderma .... Petitioners -- Versus -- The State of Jharkhand .... Opposite Party ---- CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI --- For the Petitioners :- Mr. Randhir Kumar, Advocate For the State :- Mr. Bishwambhar Shastri, Advocate ---- 02/22.12.2025 Heard learned counsel appearing for the petitioners as well as the learned counsel appearing for the State. 2. The petitioners are apprehending their arrest in connection with Koderma P.S. Case No.58 of 2025, for the alleged offences registered under Section 303(2) of Bharatiya Nyaya Sanhita, 2023, Rule 13 of Jharkhand Minerals (Prevention of Illegal Mining Transportation and Storage) Rule, 2017 and Rule 54 of Jharkhand Minor Mineral Concession Rules, 2004 pending in the Court of learned Chief Judicial Magistrate, Koderma. 3. Learned counsel appearing for the petitioners submits that the petitioners happened to be owner and driver respectively of the truck and the allegations are made that stone dust were loaded on the said truck. He further submits that at the time of seizure the 2025:JHHC:38536 --2-- A.B.A. No. 7398 of 2025 driver has produced the certificate which has been found to be genuine and that has been disclosed in Annexure-2. He then submits that the petitioners have got no criminal antecedent as disclosed in paragraph No.11 of the petition. 4. Learned counsel appearing for the State opposes the prayer and submits that illegally the stone dust was being carried. 5. Considering that the petitioners happened to be owner and driver respectively of the truck and the petitioners have got no criminal antecedent as disclosed in paragraph No.11 of the petition and Annexure-2 is a document of DTO, Koderma whereas the document produced by the driver was found to be genuine, I am inclined to provide anticipatory bail to the petitioners. 6. Accordingly, the petitioners, above named, are hereby directed to surrender before the learned Court within four weeks from today, and in the event of their surrender/arrest, the petitioners, above named, shall be released on bail, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each, with two sureties of the like amount each, to the satisfaction of learned Chief Judicial Magistrate, Koderma in connection with Koderma P.S. Case No.58 of 2025, subject to the conditions as laid down under Section 482(2) of Bharatiya Nagarik Suraksha Sanhita, 2023. (Sanjay Kumar Dwivedi, J.) Dated 22.12.2025 Sangam/