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2025 DAILYLAW 7210 (JHR)

MD MAFOJ ALI v. THE STATE OF JHARKHAND

A.B.A./1447/2025 · 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.1447 of 2025 ------ 1. Md. Mafoj Ali, aged about 38 years, son of Marjul Shaikh, Resident of Purba Para, Egarkund South, P.O. Jhunka and P.S. Beldanga, District – Murshidabad, State- West Bengal 2. Aliul Biswas, aged about 45 years, son of Mahasen Biswas, Resident of Daltanpur, Boltalpara, P.O. & P.S. Hariharpur Para, District – Murshidabad, State- West Bengal .... .... …. Petitioners Versus The State of Jharkhand .... .... .... Opposite Party ------ CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioners : Mr. Rohan Mazumdar, Advocate For the State : Mr. Rajesh Kumar, Addl.P.P ------ Order No.02 Dated- 04-03-2025 Heard the parties. Apprehending their arrest in connection with Chirkunda (Maithon O.P.) P.S. Case No.39 of 2025 instituted under Sections 317 (5), 3 (5) of the B.N.S., 2023, Section 4/21 of Mines and Minerals (Development and Regulation) Act, 1957, the petitioners have moved this Court for grant of privileges of anticipatory bail. Learned counsel appearing for the petitioners submits that the allegation against the petitioners is that the petitioners are respectively the owner and driver of the truck bearing registration No. WB-59B-4162 which was seized by police while being involved in transportation of illegally excavated coal. It is submitted that the allegation against the petitioners is false. It is further submitted that the coal was transported on the said vehicle upon the instructions of the transporter. Drawing attention of this Court towards para-14 of the instant bail application, learned counsel for the petitioners submits that the petitioners have no criminal antecedent. It is lastly submitted that the petitioners undertake to co-operate with the investigation of the case and to furnish sufficient security including cash security. Hence, it is submitted that the petitioners be given the privileges of anticipatory bail. Learned Addl. P.P appearing for the State opposes the prayer for anticipatory bail of the petitioners. Considering the submissions of learned counsels and the facts and circumstances stated above, 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, they will be enlarged on bail on depositing Rs.30,000/- each as cash security and 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 C.J.M, Dhanbad in connection with Chirkunda (Maithon O.P.) P.S. Case No.39 of 2025 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/