Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No.1988 of 2025
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1. Idul Sk, aged about 41 years son of Ansar Sekh, Resident of Village-Pirozpur, Harichak, English Bazar, P.O. & P.S. Kaliyachak, District-Malda (W.B.).
2. Ummar Faruk, aged about 24 years son of Mudlisha Mia, Resident of village-Gopalpur Sahabazpur, P.O. Sahabazpur, P.S. 16 Miile, District-Malda (W.B.).
.... .... …. Petitioners
Versus
The State of Jharkhand
.... .... .... Opposite Party
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CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
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For the Petitioners : Mr. Gautam Kumar, Advocate
: Mrs. Savita Kumari, Advocate
For the State
: Mr. V.K. Vashishtha, Spl.P.P.
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Order No.02 Dated- 26/03/2025
Heard the parties.
Apprehending their arrest in connection with Pakur (Muffasil) P.S. Case No.02 of 2025 instituted for the offences punishable under Sections 303(2) of the B.N.S., 2023, under Rule 54 of the Jharkhand Minor Mineral Concession Rule, 2004, Sections 4 and 21 of MMDR Act, and Rule 7, 9, 13 of the Jharkhand Mineral (Prevention of Illegal Mining, Transportation and Storage) Rules, 2017, 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 petitioner no.1 is the owner of the tractor and petitioner no.2 is the driver of the said tractor which was seized by police while being involved in transportation of illegally excavated stone chips. It is submitted that the allegation against the petitioners is false. It is next submitted that the petitioners have no criminal antecedent as has been mentioned in paragraph no.11 of the anticipatory bail application. 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 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 S.D.J.M., Pakur in connection with Pakur (Muffasil) P.S. Case No.02 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.) Abhiraj/