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2025 DAILYLAW 4352 (JHR)

SAURABH AGARWAL v. THE STATE OF JHARKHAND

A.B.A./849/2025 · 2025-02-07

Anil Kumar Choudhary

body2025

Judgment text

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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 849 of 2025 ------ Saurabh Agarwal, aged about 26 years, S/o –Nagendra Prasad Agarwal, R/o –Saroj Nagar Chandwa, P.O.+P.S. – Chandwa, Dist –Latehar, Jharkhand. … Petitioner Versus The State of Jharkhand … Opposite Party ------ CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioner : Mr. Avishek Prasad, Advocate For the State : Mr. P.K. Chatterjee, Spl. P.P. ------ Order No.02 Dated- 07.02.2025 Heard the parties. Apprehending his arrest, the petitioner has moved this Court for grant of privilege of anticipatory bail in connection with Budmu P.S. Case No.41 of 2024 registered under sections 317(5) of the B.N.S., 2023, under Section 54 of the JMMC, Section 4(1)(A)/21 of MMDR and Rule 9/13 of Jharkhand Mineral (Prevention of Illegal Mining, Transportation and Storage) Rule. The Learned counsel for the petitioner submits that the allegation against the petitioner is that the petitioner is the owner of the tractor which was seized by the police for being involved in transportation of illegally excavated sand. It is further submitted that the allegations against the petitioner are all false and the petitioner has no criminal antecedent as has been mentioned in para-15 of the instant anticipatory bail application. It is then submitted that the petitioner undertakes to furnish sufficient security including cash security and also undertakes to cooperate with the investigation of the case. Hence, it is submitted that the petitioner be given the privilege of anticipatory bail. Learned Spl. P.P. opposes the prayer for grant of anticipatory bail. Considering the submissions of the counsels and the fact as discussed above, I am of the opinion that it is a fit case where the abovenamed petitioner be given the privilege of anticipatory bail. Hence, in the event of his arrest or surrender within a period of six weeks from the date of this order, he shall be released on bail on depositing cash security of Rs.5,000/- and 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, Ranchi, in connection with Budmu P.S. Case No.41 of 2024 with the condition that the petitioner will cooperate with the investigation of the case and appear before the Investigating Officer as and when noticed by him and will furnish his mobile number and a copy of his Aadhar Card in the court below with the undertaking that he will not change his mobile number during the pendency of the case case subject to the conditions laid down under section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. (Anil Kumar Choudhary, J.) Sonu/Gunjan-