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2025 DAILYLAW 7875 (JHR)

NITESH KUMAR YADAV v. THE STATE OF JHARKHAND

A.B.A./1628/2025 · 2025-03-11

Anil Kumar Choudhary

body2025

Judgment text

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IN THE HIGH COURT OF JHARKHAND AT RANCHI ABA No. 1628 of 2025 Nitesh Kumar Yadav, (Driver of Tractor Vehicle bearing Reg. No.- JH-17N-5930) aged bout 25 years, S/o Sri Ashok Mahamarik, resident of Village – Pasai, P. O. Pasai, P.S.- Poraiyahat, District- Godda (Jharkhand) … Petitioner Versus The State of Jharkhand … opp. party Coram: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY For the Petitioner : Mr. Ashok Kumar , Adv. For the State : Ms. Bandana Sinha , Addl.. PP 02 / 11.03.2025 Heard the parties. Apprehending his arrest, the petitioner has moved this Court for grant of privilege of anticipatory bail in connection with Poraiyahat P.S. Case No. 175 of 2023 registered under Sections 379, 411, 34 of the Indian Penal Code, Rule 4/ 54 of Jharkhand Minor Minerals Concession Rules 2004, Section 4 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 petitioner submits that the allegation against the petitioner is that the petitioner is the driver of the tractor, which was seized while transporting 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 petitioner has no criminal antecedent, as mentioned in paragraph 14 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 hence, 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. 5,000/- 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 SDJM, Godda in connection with Poraiyahat P.S. Case No. 175 of 2023 subject to the condition that the petitioner 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/-