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2025 DAILYLAW 6849 (JHR)

SHIVRAT KUMAR ALIAS SHIVRATH KUMAR v. THE STATE OF JHARKHAND

A.B.A./1497/2025 · 2025-03-06

Anil Kumar Choudhary

body2025

Judgment text

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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No.1497 of 2025 ------ Shivrat Kumar @ Shivrath Kumar aged about 24 years son of Anil Prasad Singh resident of village Teytari, ward no.6 Post office Tetari & Police Station Naugachia, Dist.-Bhagalpur, Bihar .... .... …. Petitioner Versus The State of Jharkhand .... .... .... Opposite Party ------ CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioner : Mr. Lalit Yadav, Advocate For the State : Mr. Panakj Kumar, P.P. ------ Order No.03 Dated- 06-03-2025 Heard the parties. Apprehending his arrest in connection with Complaint (O.C.R.) Case No.2378 of 2023 instituted under Sections 4 and 21 of the M.M.D.R. Act, 1957, Rule 4/54 of the Jharkhand Minor Minerals Concession Rules 2004 and under Rule 9/13 of the Jharkhand Minerals (Prevention of illegal Mining, Transportation and Storage) Rules, 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 of truck bearing registration No. BR09R5255 which was seized by police while transporting illegally extracted stone chips. It is submitted that the allegation against the petitioner is false. Drawing attention of the Court, learned counsel for the petitioner submits that petitioner has no criminal antecedent as mentioned in para-13 of the anticipatory bail application. It is further submitted that petitioner had no knowledge about his vehicle being involved in any illegal activity. It is lastly submitted that the petitioner undertakes to co-operate with the trial 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 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 learned J.M. 1st Class, Dumka in connection with Complaint (O.C.R.) Case No.2378 of 2023 with the condition that he will co-operate with the trial 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/