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2025 DAILYLAW 41505 (JHR)

GOVIND BARAIK v. THE STATE OF JHARKHAND

A.B.A./6527/2025 · 2025-11-20

Sanjay Kumar Dwivedi

body2025

Judgment text

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[2025:JHHC:34592] -1- IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 6527 of 2025 Govind Baraik aged about 30 years son of Late Mahesh Baraik, resident of Urmi Dumardih, P.O. Dumardih, P.S. Gumla, District- Gumla. ..... … Petitioner Versus The State of Jharkhand ..... … Opposite Party -------- CORAM : HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI ------ For the Petitioner : Mr. Arun Kumar, Advocate. For the State : Mr. P.K. Chatterjee, Spl.P.P. ------ 03/ 20.11.2025 Heard learned counsel for the petitioner and learned Spl.P.P. for the State. 2. The petitioner is apprehending his arrest in connection with Gumla P.S. Case No. 312 of 2025, registered for the offences under Sections 303(2) and 317(5) of Bharatiya Nyaya Sanhita, 2023, Rule- 4/54 of Jharkhand Minor Mineral Concession Rules, 2004 and Rule 7/9 of the Jharkhand Minerals (Prevention of Illegal Mining Transportation and Storage) Rules, 2017, pending in the court of learned Chief Judicial Magistrate, Gumla. 3. Learned counsel appearing for the petitioner submits that the petitioner is the owner-cum-driver of the tractor in question and it has been alleged that 100 CFT sand was loaded on the said tractor. He submits that the petitioner is having no criminal antecedent and disclosure to that effect has been made in para-15 of the petition. 4. Learned A.P.P. appearing for the State has opposed the prayer and submit that 100 CFT illegal sand was loaded on the tractor in question. 5. Considering that the petitioner is the owner-cum-driver of [2025:JHHC:34592] -2- the tractor in question and further the petitioner is having no criminal antecedent and disclosure to that effect has been made in para-15 of the petition, I am inclined to provide the privilege of anticipatory bail to the petitioner. 6. Accordingly, the petitioner, named above, is hereby directed to surrender before the learned court within three weeks from today, and in the event of her 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 Chief Judicial Magistrate, Gumla, in connection with Gumla P.S. Case No. 312 of 2025, subject to the conditions as laid down under section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. (Sanjay Kumar Dwivedi, J.) Dated:-20.11.2025 Amitesh/-