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2025 DAILYLAW 4846 (JHR)

NIKESH KUMAR MISHRA ALIAS NIKESH MISHRA v. THE STATE OF JHARKHAND

A.B.A./796/2025 · 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.796 of 2025 ------ 1. Nikesh Kumar Mishra @ Nikesh Mishra aged about 30 years S/O Sanjay Mishra 2. Prabhakar Mishra aged about 44 years, S/o Gulab Mishra Both are R/O Village-Tantri (Tantri North), P.O.-Tantri, P.S.- Jaridih, Dist.-Bokaro .... .... …. Petitioners Versus The State of Jharkhand .... .... .... Opposite Party ------ CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioners : Mr. Abhishek Ranjan, Advocate For the State : Mr. Ranjit Kumar, Addl.P.P ------ Order No.02 Dated- 06-02-2025 Heard the parties. Apprehending their arrest in connection with Marafari P.S. Case No.89 of 2024 instituted under Sections 303(2), 317(2), of the B.N.S, 2023 and Section 21 of MMDR Act, 1957 and Section 54 (JMMC) Rules 2004 and under Section 13 of Jharkhand Minerals (Prevention of Illegal Mining, Transportation & Storage) Rules, 2017, the petitioners have moved this Court for grant of privileges of anticipatory bail. Learned counsel appearing for the petitioners submits that the allegation against the petitioners is that the petitioners are respectively the owner and driver of the Tractor bearing registration no. JH-09AM-1147, which was seized by police while transporting illegally excavated sand. It is submitted that the allegation against the petitioners is false. Drawing attention of this Court towards para-14 of the instant bail application, learned counsel for the petitioners submits that the petitioners have no criminal antecedent. It is lastly submitted that the petitioners undertake to co-operate with the investigation of the case and to furnish sufficient security including cash security. Hence, it is submitted that the petitioners be given the privileges of anticipatory bail. Learned Addl.P.P appearing for the State opposes the prayer for anticipatory bail of the petitioners. Considering the submissions of learned counsels and the facts and circumstances stated above, I am inclined to grant privileges of anticipatory bail to the petitioners. Accordingly, the petitioners are directed to surrender in the Court below within six weeks from today and in the event of their arrest or surrendering, they will be enlarged on bail on depositing Rs.5,000/- each as cash security and on furnishing bail bond of Rs.25,000/- (Twenty five thousand) each with two sureties of the like amount each to the satisfaction of learned JMFC, Bokaro in connection with Marafari P.S. Case No.89 of 2024 with the condition that they 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 they will not change their 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/