ABHAY SINHA ALIAS ABHAY KUMAR v. THE STATE OF JHARKHAND
A.B.A./2197/2025 · 2025-04-08
Anil Kumar Choudhary
body2025
DailyLaw.ai
[ 2025 DAILYLAW 9339 (JHR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 9339 (JHR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2025:JHHC:10824 ]
IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No.2197 of 2025
------ Abhay Sinha @ Abhay Kumar, aged about 47 years, S/O Rishikant Prasad Sinha, R/O Village- Ratna Bhawan, N.H.28, Bhagwanpur, P.O. + P.S.- Sadar, District- Muzaffarpur, Bihar.
.... .... …. Petitioner
Versus
The State of Jharkhand
.... .... .... Opposite Party
------
CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
------
For the Petitioner : Mr. Prashant Kr. Rai, Advocate
For the State
: Mrs. Mahua Palit, Addl.P.P
------
Order No.02 Dated- 08-04-2025
Heard the parties.
Apprehending his arrest in connection with Dumri P.S. Case No.132 of 2024 instituted for the offences punishable under Sections 303 (2), 317 (2), 317 (5), 112 (2), 338, 336 (3), 340 (2), 3 (5) of the B.N.S., 2023, Section 4/21 of M.M.D.R. Act, 1957, Rule 4/54 of J.M.M.C. Rules, 2004 and Rule 7/9/13 of Jharkhand Minerals (Prevention of Illegal Mining, Transportation and Storage) Rules, 2017, the petitioner has 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 owner of a truck bearing Registration No.BR-06GD-7108 which was seized by police while being involved in transportation of illegally extracted coal. It is submitted that the allegation against the petitioner is false. Drawing attention of this Court towards para-19 of the instant bail application, learned counsel for the petitioner submits that the petitioner has no criminal antecedent. It is next submitted that the petitioner had no knowledge about his vehicle being involved in any illegal activity. 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.25,000/- 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 A.C.J.M., Giridih in connection with Dumri P.S. Case No.132 of 2024 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/