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2025 DAILYLAW 5233 (JHR)

HAREN LAL MAHTO v. THE STATE OF JHARKHAND

A.B.A./1126/2025 · 2025-02-19

Anil Kumar Choudhary

body2025

Judgment text

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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No.1126 of 2025 ------ 1. Haren Lal Mahto aged about 23 years son of Akin Mahto residence of Upar tola, P.O. & P.S.-Sonahatu, District-Ranchi. 2. Bahadur Singh Munda aged about 24 years son of Mahavir Singh Munda, residence of Danadih, P.O. & P.S.-Sonahatu, District- Ranchi. 3. Sohrai Kumar Mahto aged about 27 years son of Jaydhan Mahto residence of Barwadih, P.O. & P.S.-Rahe, District-Ranchi. .... .... …. Petitioners Versus The State of Jharkhand .... .... .... Opposite Party ------ CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioners : Mr. Abhishek Kumar, Advocate For the State : Mr. Subodh Kr. Dubey, Addl.P.P. ------ Order No.02 Dated- 19/02/2025 Heard the parties. Apprehending their arrest in connection with Angara P.S. Case No.136 of 2024 instituted under Sections 303(2), 317(5), 3(5) of the B.N.S., 2023, Rule 4/54 Jharkhand Minor Mineral Concession Rules, 2004, under Section 4/21 of M.M.D.R. Act, and Rule 9/11/13 of Jharkhand Minerals (Prevention of Illegal Mining, Transportation and 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 were involved in illegal transportation of sand. It is submitted that the allegation against the petitioners is false. It is next submitted that petitioner no.1 is the driver of turbo vehicle bearing registration no.JH-01CF-8471, petitioner no.2 is the driver of the turbo vehicle bearing registration no.JH-01CU-7025 and petitioner no.3 is the driver of the turbo vehicle bearing registration no.JH- 01BX-1572 which were seized by the police. Drawing attention of this Court towards para-11 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.10,000/- 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 J.M.-1st Class, Ranchi in connection with Angara P.S. Case No.136 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 their mobile numbers and photocopies of the Aadhar Cards with an undertaking that they will not change their mobile numbers 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.) Abhiraj/