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2025 DAILYLAW 5895 (JHR)

MUKESH YADAV v. THE STATE OF JHARKHAND

A.B.A./1195/2025 · 2025-02-20

Anil Kumar Choudhary

body2025

Judgment text

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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No.1195 of 2025 ------ 1. Mukesh Yadav, aged about 36 years, son of Karu Yadav, Resident of Sheikhpura, Dariapur P.O. and P.S.- Dariapur, District – Navada, State- Bihar 2. Chandan Das, aged about 37 years, son of Sahadeo Das, Resident of Bangalpra, Birsingpur, P.O. and P.S.- Birsingpur, District- Dhanbad, State- Jharkhand. 3. Har Narayan Char @ Harinarayan Char aged about 34 years, son of Nirmal Char, Resident of Muradi, Bheti, Santuri, Puruliya, P.O. and P.S.- Muradih, District- Puriliya, State- West Bengal .... .... …. Petitioners Versus The State of Jharkhand .... .... .... Opposite Party ------ CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioners : None For the State : None ------ Order No.08 Dated- 20-02-2025 No one turns up on behalf of either of the parties. Apprehending their arrest in connection with Jamua P.S. Case No.231 of 2024 instituted under Sections 336 (2), 338, 340, 303 (2), 317 (5), 3 (5) of the B.N.S., 2023, Section 4/21 of the Mines and Minerals (Development and Regulation) Act, Section 4/54 of the Jharkhand Minor Minerals Concession Rule and Section 7/9 of the Jharkhand Minerals (Prevention of Illegal Mining, Transportation and Storage) Rules, 2017, the petitioners have moved this Court for grant of privileges of anticipatory bail. It has been averred in the instant anticipatory bail application that the allegation against the petitioners is that the petitioner No.1 is the driver-cum- owner of the truck bearing Registration No. JH10BD 8363, petitioner No.2 is the owner of the truck bearing Registration No.JH10AT 4906 and petitioner No.3 is the driver of the truck bearing Registration No. JH10AT 4906 and the said vehicles were seized by police while being involved in illegal transportation of illegally excavated coal dust. It is further averred that the allegation against the petitioners is false. It is then averred that the petitioners have been implicated in this case due to some ulterior motive. It is also averred that the petitioners are ready and willing to abide by any terms and conditions imposed upon them by this Court. Considering the facts and circumstances of the case, 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, the petitioner Nos.1 and 3 will be enlarged on bail on depositing Rs.50,000/- each as cash security and petitioner No.2 will be enlarged on bail on depositing Rs.25,000/- as cash security and all of them 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, Giridih in connection with Jamua P.S. Case No.231 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 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.) Animesh/