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2025 DAILYLAW 5820 (JHR)

SUBODH KUMAR v. THE STATE OF JHARKHAND

A.B.A./1434/2025 · 2025-03-04

Anil Kumar Choudhary

body2025

Judgment text

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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A.No. 1434 of 2025 Subodh Kumar, aged about 42 years, Son of Jay Kishor Prasad Mehta, Resident of village-Dumraun, P.O. Dumraun, P.S. Ichak, District-Hazaribagh, Jharkhand …. … Petitioner Versus The State of Jharkhand …. …Opp. Party ------------ CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY For the Petitioner : Mr. Anjani Kumar, Advocate : Mr. Ashutosh Ranjan Kumar, Advocate For the State : Mr. Sunil Kumar Dubey, A.P.P. ---------- Order No.02/ dated 04.03.2025 Heard the parties. Apprehending his arrest in connection with Sadar (Bara Bazar) P.S. Case No. 353 of 2024, instituted for the offences punishable under Sections 317(5)/3(5) of the Bharatiya Nyaya Sanhita, 2023 and under Sections 4/21 of the Mines and Minerals (Development and Regulation) Act (MMDR Act) and under Rule 4/54 of the Jharkhand Minor Mineral Concession Rule (JMMC Rule) and under Rule 9/13 of Jharkhand Mineral (Prevention of Illegal Mining, Transportation and Storage) Rule, 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 cum driver of Tractor bearing registration No. JH01AP-4829 which was seized by the police while being involved in transportation of illegally excavated sand. It is submitted that the allegation against the petitioner is false. 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.10,000/- 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 the learned Chief Judicial Magistrate, Hazaribag in connection with Sadar (Bara Bazar) P.S. Case No. 353 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 photo copy 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) P.K.S.