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2025 DAILYLAW 40907 (JHR)

RAKESH KUMAR v. THE STATE OF JHARKHAND

A.B.A./6260/2025 · 2025-11-06

Sanjay Kumar Dwivedi

body2025

Judgment text

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( 2025:JHHC:33201 ) IN THE HIGH COURT OF JHARKHAND AT RANCHI A. B. A. No. 6260 of 2025 1. Rakesh Kumar, aged about 52 years, Son of Mandeo Singh, Resident of Q. No. D/9, KDH Colony, Subash Nagar, Dakra, P.O & P.S-Khalari, District-Ranchi, Jharkhand. 2. Ashok Kerketta, aged about 38 years, Son of Delpinus, Resident of Shanti Nagar, Old H.B Road, P.O & P.S-Lalpur, District- Ranchi. 3. Sadala Satyanarayan @ Sadala Satyanarayana, aged about 56 years, Son of Sadala Laxmayya, Resident of ward no.3, Sasti Tahajura, Dhopatala, P.O & P.S-Sasti, District-Chandrapur, Maharashtra. 4. Chandan Chattarj @ Chandan Chattaraj, aged about 55 years, Son of Sushil Kumar Chattarj@ Susil Kumar Chattaraj, Resident of Shree Kumar Bhawan, Usha Gram, G.T Road, Asansol, P.O & P.S-Asansol, District-Barddaman, West Bengal. 5. Nripendra Nath, aged about 57 years, son of Ram Prasad Singh, Resident of KDH C/14, Subhash Nagar Colony, Dakra colliery, Station - Piparwar, P.O & P.S-Khalari, District-Chatra, Jharkhand. 6. Vijay Kumar, aged about 40 years, son of Rajeshwar, Singh, Resident of Quarter No.-143, Mahavir sthan, Kurpania Ganrke, P.O, P.S & District-Bokaro, Jharkhand. 7. Jogendra Munda, aged about 33 years, son of Birsa Munda, Resident of Amba Tongari, P.O & P.S-Khalari, District-Ranchi, Jharkhand. 8. Anil Kumar Yadav, aged about 30 years, son of Mahadev Yadav, Resident of Village Madpa, P.O & P.S-Tatijhariya, District-Hazaribag, Jharkhand. ...... … Petitioners Versus The State of Jharkhand .…. … Opposite Party -------- CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI For the Petitioners :Mr. Sunil Singh, Advocate For the State : Mr. Prabir Kumar Chatterjee, Spl. P.P. 04/ 06.11.2025: Heard learned counsel for the petitioners and learned counsel for the State. 2. The petitioners are apprehending their arrest in connection with Bariyatu P.S. Case No. 58 of 2024, registered under sections 318(3) of BNS, Section 4 (1)(A), 21 of MMRD Act, Rules 5 (i), 9, 13 (i) of the Jharkhand Minerals (Prohibition of Illegal Mining, Transportation and Storage), Rules, 2017, pending in the Court of learned Judicial Magistrate, Ist Class, Latehar. 3. Learned counsel for the petitioners submits that petitioner no. 1 is the Chief Manager (Mining), Colliery Manager, Magadh OCP, C.C.L, ( 2025:JHHC:33201 ) petitioner no. 2 is the siding Manager, Phulbasiya Siding, C.C.L, petitioner no.3 is Chief Manager (Mining), Project Officer, Magadh OCP, C.C.L, petitioner no. 4 is Dy Manager(Mining), Transport Manager, Magadh OCP, C.C.L, petitioner no. 5 is General Manager, Magadh Sanghmitra, petitioner no. 6 is Site In-charge, RKT company, petitioner no. 7 is Site In-charge, Tycoon Transport and petitioner no. 8 is Site In-Charge, Sanik transport. He further submits that there is general and omnibus allegation of transportation of mixing coal ash. He also submits that CCL had entered in an agreement with Haryana Power Generation Corporation Limited on 13.07.2009 for a period of 20 years for supply of coal. He further submits that in identical situation co-accused has been granted anticipatory bail in A.B.A. No. 7909 of 2024 by the Co-ordinate Bench of this Court. He submits that petitioners have got no criminal antecedent which is disclosed in para 28 of the petition. On these grounds, he submits that the petitioners may kindly be provided privilege of anticipatory bail. 4. Learned counsel for the State opposes the prayer and submits that petitioners happen to be employee of the CCL and Site incharge respectively and allegations are there of transportation of mixed coal with ash. 5. Considering that petitioners nos. 1 to 6 are employees of CCL and petitioner nos. 6 to 8 are Site Incharge of transport company, in identical situation co-accused has been granted anticipatory bail in A.B.A. No. 7909 of 2024 by the Co-ordinate Bench of this Court and petitioners have got no criminal antecedent which is disclosed in para 28 of the petition. 6. In the attending facts and circumstances of the case, I am inclined to grant anticipatory bail to the petitioners. Accordingly, the above named, petitioners are directed to surrender before the learned court within three weeks from today and in the event of their surrender / arrest, the ( 2025:JHHC:33201 ) petitioners shall be released on bail, on furnishing bail bonds of Rs. 25,000/- (twenty five thousand) each with two sureties of the like amount each, to the satisfaction of learned Judicial Magistrate, Ist Class, Latehar, in connection with Bariyatu P.S. Case No. 58 of 2024, subject to conditions as laid down under Section 482 (2) of B.N.S.S, 2023. Dt.06.11.2025 ( Sanjay Kumar Dwivedi, J.) satyarthi-