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2025 DAILYLAW 7336 (JHR)

SANJAY KUMAR v. THE STATE OF JHARKHAND

A.B.A./1678/2025 · 2025-03-12

Anil Kumar Choudhary

body2025

Judgment text

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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No.1678 of 2025 ------ 1. Sanjay Kumar aged about 27 Years S/O Naresh Prajapati R/O Village- Begawari P.O. Hazaribagh, PS- Sadar, District- Hazaribagh (Jharkhand) 2. Ashik Ansari aged about 29 Years S/O Kayamuddin Ansari R/O Village- Latdag, P.O. & P.S.- Sisai District- Gumla (Jharkhand). 3. Krishna Sahu aged about 30 Years S/O Gudal Nagpheni R/O Village- Surhu P.O.- Nagpheni & P.S.- Sisai District- Gumla (Jharkhand). .... .... …. Petitioners Versus The State of Jharkhand .... .... .... Opposite Party ------ CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioners : Mr. Kripa Shankar Nanda, Advocate Mr. Niranjan Kr. Sinha, Advocate For the State : Mr. Vishwanath Roy, Spl.P.P ------ Order No.02 Dated-12-03-2025 Heard the parties. Apprehending their arrest in connection with Sisai P.S. Case No.09 of 2025 instituted under Section 303(2)/317(5)/3(5) of the B.N.S., Rules 7 and 9 of the Jharkhand Mineral (Prevention of illegal Mining, Transportation and Storage) Rules, 2017, Rules 4/54 of J.M.M.C. Rules, 2004 and Section 4/21 of the Mines and Minerals (Development and Regulation) Act, 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 were owner-cum- driver of tractors which were seized by the police while being involved in transportation of illegally excavated sand. It is submitted that the allegation against the petitioners is false. Drawing attention of this court towards para- 09 of the instant bail application, learned counsel for the petitioners submits that the petitioners have no criminal antecedent. It is next 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 Spl.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.5,000/- 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 SDJM, Gumla in connection with Sisai P.S. Case No.09 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 numbers and photocopy of the Aadhar Cards with an undertaking that they will not change their mobile numbers 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.) Saroj/