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2025 DAILYLAW 6558 (JHR)

ABHAY KUMAR MAHTO v. THE STATE OF JHARKHAND

A.B.A./1482/2025 · 2025-03-05

Anil Kumar Choudhary

body2025

Judgment text

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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 1482 of 2025 ------ Abhay Kumar Mahto, aged about 24 years, s/o Sukul Mahto, r/o Village-Itki, Jhakhara Toli, P.O.-Itki, P.S.-Itki, Dist.- Ranchi, Jharkhand … Petitioner Versus The State of Jharkhand … Opposite Party ------ CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioner : Mr. Sanjay Kr. Pandey, Advocate For the State : Mr. Subodh Kr. Dubey, Addl. P.P. ------ Order No.02 Dated- 05.03.2025 Heard the parties. Apprehending his arrest, the petitioner has moved this Court for grant of privilege of anticipatory bail in connection with Lapung P.S. Case No.42 of 2024 registered for the offences punishable under sections 317(5)/3(5) of the B.N.S., 2023, Section 4(1) (A)/21 of MMDR Act, Rule 54 of JMMC Rules and under Rule 9/13 of the Jharkhand Minerals (Prevention of Illegal Mining, Transportation and Storage) Rule, 2017. The Learned counsel for the petitioner submits that the allegation against the petitioner is that the petitioner is the owner cum driver of the turbo vehicle which was seized by police for transporting illegally excavated sand. It is further submitted that the allegations against the petitioner are all false and the petitioner has no concern with the alleged incident. It is next submitted that the petitioner has no criminal antecedent as has been mentioned in paragraph no. 9 of the anticipatory bail application. It is then submitted that the petitioner undertakes to furnish sufficient security including cash security and also undertakes to cooperate with the investigation of the case. Hence, it is submitted that the petitioner be given the privilege of anticipatory bail. Learned Addl. P.P. opposes the prayer for grant of anticipatory bail. Considering the submissions of the counsels and the fact as discussed above, I am of the opinion that it is a fit case where the abovenamed petitioner be given the privilege of anticipatory bail. Hence, in the event of his arrest or surrender within a period of six weeks from the date of this order, he shall be released on bail on depositing cash security of Rs.20,000/- and on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned J.M. 1st Class, Ranchi, in connection with Lapung P.S. Case No.42 of 2024 with the condition that the petitioner will cooperate with the investigation of the case and appear before the Investigating Officer as and when noticed by him and will furnish his mobile number and a copy of his Aadhar Card in the court below with the undertaking that he will not change his mobile number during the pendency of the case subject to the conditions laid down under Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. (Anil Kumar Choudhary, J.) Sonu/Gunjan-