Extracted from the PDF above. The PDF is authoritative.
2025:JHHC:35638
--1-- A.B.A. No. 6698 of 2025
IN THE HIGH COURT OF JHARKHAND, RANCHI
A.B.A. No. 6698 of 2025
---- Kundan Sah, aged about 39 years, S/o Chulhay Sah, resident of village – Puraini, PO and PS – Jagdishpur, District – Bhagalpur, Bihar
.... Petitioner -- Versus --
The State of Jharkhand
.... Opposite Party
----
CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI
---
For the Petitioner :- Mr. S.P. Roy, Advocate
For the State
:- Mr. Bishwambhar Shastri, Advocate
---- 02/28.11.2025 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 Mahagama P.S. Case No.124 of 2025, for the alleged offences registered under Sections 303(2), 317(5) and 281 of Bharatiya Nyaya Sanhita, 2023, Section 4/21 of Mines and Minerals (Development & Regulation) Act, 1957, Rule 9/13 of Jharkhand Minerals (Prevention of Illegal Mining Transportation and Storage) Rule, 2017 and Rule 4/54 of Jharkhand Minor Mineral Concession Rules, 2004 pending in the Court of learned Judicial Magistrate 1st Class, Godda.
3.
Learned counsel appearing for the petitioner submits that the petitioner happened to be the driver of truck and the allegations are made that 870 cft. stone chips were loaded in the said vehicle. He further submits that the alleged occurrence is said to be dated 24.05.2025 and the report in that regard have been sent on 29.05.2025 and the FIR has been lodged on 30.05.2025. He then submits that the petitioner has got
2025:JHHC:35638
--2-- A.B.A. No. 6698 of 2025
no criminal antecedent as disclosed in paragraph No.13 of the petition.
4.
Learned counsel appearing for the State opposes the prayer and submits that illegally the stone chips were being carried in the said vehicle.
5. Considering that the petitioner is the driver and the alleged occurrence is said to be dated 24.05.2025 wherein the information was sent on 29.05.2025 and the FIR has been lodged on 30.05.2025 and the petitioner has got no criminal antecedent as disclosed in paragraph No.13 of the petition, 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 Judicial Magistrate 1st Class, Godda in connection with Mahagama P.S. Case No.124 of 2025, subject to the conditions as laid down under Section 482(2) of Bharatiya Nagarik Suraksha Sanhita,
2023.
(Sanjay Kumar Dwivedi, J.) Dated 28.11.2025 Sangam/