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2025 DAILYLAW 7644 (JHR)

SIKANDAR KHAN v. THE STATE OF JHARKHAND

A.B.A./1916/2025 · 2025-03-27

Anil Kumar Choudhary

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 1916 of 2025 ------ Sikandar Khan, aged about 45 years, son of Jahangir Khan, resident of Pradhan Khunta, Baliapur, P.O. & P.S.-Baliapur, Dist.-Dhanbad, Jharkhand … Petitioner Versus The State of Jharkhand … Opposite Party ------ CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioner : Mr. Zaid Ahmed, Advocate : Ms. Ashma Khanam, Advocate For the State : Mr. Rakesh Kr. Sinha, Addl. P.P. ------ Order No.02 Dated- 27.03.2025 Heard the parties. Apprehending his arrest, the petitioner has moved this Court for grant of privilege of anticipatory bail in connection with Baliapur P.S. Case No. 161 of 2024 registered under Sections 303 (2), 317 (2), 3(5) of the BNS, 2023, Section 4/21 of Mines and Minerals (Development & Regulation) Act, 1957, and Rule 9/13 of Jharkhand Minerals (Prevention of Illegal Mining, Transportation and Storage) Rules, 2017. Learned counsel appearing for the petitioner submits that the allegation against the petitioner is that the petitioner was involved in transporting the illegally extracted coal in motorcycles. 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 petitioner has no criminal antecedent, as mentioned in paragraph 17 of the anticipatory bail application. It is next submitted that the petitioner is ready to co-operate with the investigation of the case and also undertakes to furnish sufficient security including cash security. It is lastly submitted that the co- accused person has already been given the privilege of anticipatory bail by this Court vide order dated 21.02.2025 in A.B.A. No.1236 of 2025. Hence, it is submitted that the petitioner be given the privilege of anticipatory bail. The learned Addl. PP opposes the prayer for anticipatory bail of the petitioner. Considering aforesaid facts and circumstances of the case, I am inclined to grant the privilege of anticipatory bail to the petitioner. Hence, in the event of arrest by the police or surrender within a period of six weeks from the date of this order, the petitioner shall be released on bail on depositing Rs. 2,000/- as cash security 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 JM, Dhanbad in connection with Baliapur P.S. Case No. 161 of 2024 subject to the condition that the petitioner will cooperate 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.) Sonu/Gunjan-