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2025 DAILYLAW 9659 (JHR)

SANTOSH KUMAR ROY v. THE STATE OF JHARKHAND

A.B.A./2136/2025 · 2025-04-03

Anil Kumar Choudhary

body2025

Judgment text

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[2025:JHHC:10257] IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No.2136 of 2025 ------ Santosh Kumar Roy aged about 30 years, son of Kamlesh Roy, resident of ward No.7, Harpurbhindi, P.O.- Harpurbhindi, P.S.- Samastipur, District- Samastipur, Bihar .... .... …. Petitioner Versus The State of Jharkhand .... .... .... Opposite Party ------ CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioner : Mr. Pran Pranay, Advocate Md. Faiz, Advocate For the State : Mr. Pankaj Kr. Mishra, Addl. P.P ------ Order No.02 Dated- 03-04-2025 Heard the parties. Apprehending his arrest in connection with Littipara Simlong (O.P) P.S. Case No.41 of 2024 instituted under Sections 303 (2), 317 (2) of the B.N.S., 2023, Rule 54 of Jharkhand Minor Mineral Concession Rules, 2004 and Section 4/21 of Mines and Minerals (Development and Regulation) Act, 1957 and Rule 7/9/13 of the 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 driver of the truck bearing Registration No. BR01GG-5347, which was seized by police while being involved in transportation of illegally excavated stone chips. It is submitted that the allegation against the petitioner is false. It is next submitted that the co-accused, with similar allegations, has already been given the privileges of anticipatory bail by this Court vide order dated 10.03.2025 passed in A.B.A. No.1584 of 2025. 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 A.C.J.M., Pakur in connection with Littipara Simlong (O.P) P.S. Case No.41 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.) Animesh/