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2025 DAILYLAW 9322 (JHR)

SHAILENDRA MISHRA v. THE STATE OF JHARKHAND

A.B.A./2222/2025 · 2025-04-07

Anil Kumar Choudhary

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2025:JHHC:10606 ] IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No.2222 of 2025 ------ Shailendra Mishra, aged about 37 years, son of Jaidev Mishra, resident of Anpuma Colony, Pakur, P.O.& P.S. Pakur, Dist.-Pakur, Jharkhand .... .... …. Petitioner Versus The State of Jharkhand .... .... .... Opposite Party ------ CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioner : Md. Zaid Ahmed, Advocate M/s. Ashna Khanam, Advocate For the State : Mr. Shailesh Kr. Sinha, Add. P.P ------ Order No.02 Dated- 07-04-2025 Heard the parties. Apprehending his arrest in connection with Sundarpahari P.S. Case No.03 of 2025 instituted under Sections 317(2), 317(5), 318(4), 338, 336(3), 238 and 61(2) of the B.N.S., 2023 and Section 4/21 of the Mines and Minerals (Regulation of Development) Act, 1957, Rule 4/54 of the Jharkhand Minor Minerals Concessions Rules, 2004 and Rule 7, 9 and 13 of the Jharkhand Minerals (Prevention of Illegal Mining, Transportation and Storage) Rules, 2017, the petitioner have moved this Court for grant of privileges of anticipatory bail. Learned counsel appearing for the petitioner submits that the allegation against the petitioner is that the petitioner is the driver of the Hywa vehicle which was seized by police for being involved in transportation of illegally extracted stone chips. It is submitted that the allegation against the petitioner is false. Learned counsel for the petitioner further submits that petitioner has no criminal antecedent as has been mentioned in para-19 of the anticipatory bail application. It is lastly submitted that the petitioner undertakes to co-operate with the investigation of the case and to furnish sufficient security including cash security. Hence, it is submitted that the petitioner be given the privileges of anticipatory bail. Learned Addl.P.P appearing for the State opposes the prayer for anticipatory bail of the petitioner. Considering the submissions of learned counsels and the facts and circumstances stated above, I am inclined to grant privileges of anticipatory bail to the petitioner. Accordingly, the petitioner is directed to surrender in the Court below within six weeks from today and in the event of his arrest or surrendering, he will be enlarged on bail on depositing Rs.20,000 as cash security and on furnishing bail bond of Rs.25,000/- (Twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Godda, in connection with Sundarpahari P.S. Case No.03 of 2025 with the condition that he will co-operate with the investigation of the case and appear before the investigating officer as and when noticed by him and furnish his mobile number and photocopy of the Aadhar Card with an undertaking that he will not change his 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.) Rohit/