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2025 DAILYLAW 6904 (JHR)

BIGWAN SHUKLA v. THE STATE OF JHARKHAND

A.B.A./1518/2025 · 2025-03-06

Anil Kumar Choudhary

body2025

Judgment text

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IN THE HIGH COURT OF JHARKHAND AT RANCHI ABA No. 1518 of 2025 1. Bigwan Shukla @ Bigvan Shukla, Aged about-61 Years, Son of Late Krishn Sukla, Ramanand Dabra, Resident of:-Village-Post Office-Lesliganj, Police Station:-Lesliganj, District-Palamau. 2. Nagendra Kumar Mehta, Aged about-29 Years, Son of Rajkumar Mahto, Resident of:-Village-Banja, Post Office-Sangbar, Police Station:-Lesliganj, District-Palamau. 3. Vikash Kumar Pandey @ Bikash Kumar Pandey, Aged about-34 Years, Son of Umesh Pandey, Resident of:-Village-Ramanand Dabra, Post Office-Lesliganj, Police Station:-Lesliganj, District- Palamau. 4. Uday Kumar Mehta, Aged about-31 Years, Son of Baleshwar Mahto, Resident of:-Village-Sahdewa, Post Office-Lesliganj, Police Station:-Lesliganj, District-Palamau. … Petitioners Versus The State of Jharkhand … opp. party Coram: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY For the Petitioners : Mr. Arvind Prajapati , Adv. For the State : Ms. Shweta Singh, Addl.. PP 02 / 06.03.2025 Heard the parties. Apprehending their arrest, the petitioners have moved this Court for grant of privilege of anticipatory bail in connection with Lesliganj P.S. Case No. 03 of 2025 registered under Sections 303 (2) of the BNS, 2023, Section 4/21 of Mines and Minerals (Development & Regulation) Act, 1957, Rule 9/13 of Jharkhand Minerals (Prevention of Illegal Mining, Transportation and Storage) Rules, 2017. Learned counsel appearing for the petitioners submits that the allegation against the petitioners is that the petitioner nos. 1 and 2 are the owners and the petitioner nos. 3 and 4 are the drivers of the tractors, which were seized while transporting the illegally excavated sand. It is then submitted that the allegations against the petitioner are all false. It is further submitted by learned counsel for the petitioner that the petitioners have no criminal antecedent, as mentioned in paragraph 14 of the anticipatory bail application. It is next submitted that the petitioners are ready to co-operate with the investigation of the case and also undertake to furnish sufficient security including cash security hence, the petitioners be given the privilege of anticipatory bail. The learned Addl. PP opposes the prayer for anticipatory bail of the petitioners. Considering aforesaid facts and circumstances of the case, I am inclined to grant the privilege of anticipatory bail to the petitioners. Hence, in the event of arrest by the police or surrender within a period of six weeks from the date of this order, the petitioners shall be released on bail on depositing Rs. 5,000/- each as cash security and on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned JM, Palamau in connection with Lesliganj P.S. Case No. 03 of 2025 subject to the condition that the petitioners will co-operate with the Investigation of the case and will appear before the Investigating Officer as and when noticed by him and will submit mobile number and photocopy of Aadhaar card at the time of surrender in the court below with an undertaking not to change mobile phone number during the pendency of the case along with the other conditions laid down under section 482 (2) of BNSS, 2023. (ANIL KUMAR CHOUDHARY, J.) Smita/-