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2025 DAILYLAW 4797 (JHR)

BIPIN KUMAR YADAV v. THE STATE OF JHARKHAND

A.B.A./799/2025 · 2025-02-06

Anil Kumar Choudhary

body2025

Judgment text

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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No.799 of 2025 ------ Bipin Kumar Yadav, aged about 35 years, son of Gopi Yadav resident of Dubrajpur, P.O.-Dubrajpur, Godda, P.S.-Godda, Dist.- Godda .... .... …. Petitioner Versus The State of Jharkhand .... .... .... Opposite Party ------ CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioner : Mr. Afsar Raza, Advocate For the State : Mr. Saket Kumar, Addl.P.P ------ Order No.02 Dated- 06-02-2025 Heard the parties. Apprehending his arrest in connection with Godda (M) P.S. Case No.222 of 2024 instituted under Sections 305 (e) and 317 (5) of the B.N.S, 2023 and Rules 4/54 of the Jharkhand Minor Mineral Concession Rules, 2004 and Sections 4/21 MMDR, Act & Section 9/13 of Jharkhand Minerals (Prevention of Illegal Mining, Transportation and Storage), Rules, 2017, the petitioner has moved this Court for grant of privileges of anticipatory bail. Learned counsel appearing for the petitioner submits that the allegation against the petitioner is that the petitioner is the owner of the tractor which was seized by police while transporting illegally excavated sand. It is then submitted that the allegation against the petitioner is false. It is further submitted by learned counsel for the petitioner that petitioner has no criminal antecedent, as mentioned in para-14 of the anticipatory bail application. It is lastly submitted that the petitioner undertakes to co-operate with the investigation of the case and to furnish sufficient security including cash security. Hence, it is submitted that the petitioner be given the privileges of anticipatory bail. Learned Addl.P.P appearing for the State opposes the prayer for anticipatory bail of the petitioner. Considering the submissions of learned counsels and the facts and circumstances stated above, I am inclined to grant privileges of anticipatory bail to the petitioner. Accordingly, the petitioner is directed to surrender in the Court below within six weeks from today and in the event of his arrest or surrendering, he will be enlarged on bail on depositing Rs.5,000/- as cash security and on furnishing bail bond of Rs.25,000/- (Twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Godda in connection with Godda (M) P.S. Case No.222 of 2024 with the condition that he will co-operate with the investigation of the case and appear before the investigating officer as and when noticed by him and furnish his mobile number and photocopy of the Aadhar Card with an undertaking that he will not change his mobile number during the pendency of the case and further conditions as laid down under Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. (Anil Kumar Choudhary, J.) Rohit/