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2026 DAILYLAW 13135 (JHR)

CHOUDHARI YADAV ALIAS CHOUDHARY YADAV v. STATE OF JHARKHAND

A.B.A./2406/2026 · 2026-05-12

Sanjay Kumar Dwivedi

body2026

Judgment text

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2026:JHHC:14330 IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 2406 of 2026 ------ Choudhari Yadav @ Choudhary Yadav, aged about 37 years, son of Adhiklal Yadav, Village Kerwar, P.O. Kerwar, P.S. Pathargama, District Godda, Jharkhand .... .... …. Petitioner Versus The State of Jharkhand .... .... .... Opposite Party CORAM : HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI For the Petitioner : Mr. Kanti Kumar Ojha, Advocate For the State : Mr. Prabir Chatterjee, Special P.P. ------ 02/12.05.2026 Heard learned counsel for the petitioner and learned counsel for the State. 2. The petitioner is apprehending his arrest in connection with Mahagama P.S. Case No. 62 of 2023, registered for the offence under Sections 379 and 411 of the Indian Penal Code, sections 4 and 54 of Jharkhand Minor Minerals Concession Rules, 2004, Section 4 of MMDR Act and Sections 9 and 13 of Jharkhand Mineral (Prevention of Illegal Mining and Transportation Storage) Rules, 2017, pending in the court of learned Judicial Magistrate, 1st Class, Godda. 3. Learned counsel appearing for the petitioner submits that the petitioner is the driver of a mini Hyva and the allegations are made of carrying sand on the said Hyva. He also submits that the petitioner is having no criminal antecedent. According to him, petitioner earns his livelihood by way of driving the said Hyva. On these grounds, he submits that the anticipatory bail may kindly be granted. 4. Learned counsel appearing for the State opposes the prayer and submits that the allegations are that illegally the sand was being carried on the said mini Hyva. 5. Considering that the petitioner is the driver and is having no criminal antecedent and it has been pointed out that the petitioner and earns his livelihood by way of driving the said Hyva, I am inclined to grant anticipatory bail to the petitioner. 6. Accordingly, the above-named petitioner is directed to surrender before the learned Court within two weeks from today and in the event of his arrest or surrender, he shall be enlarged on bail 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 Mahagama P.S. Case No. 62 of 2023, subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. (Sanjay Kumar Dwivedi, J.) Anit Uploaded 13.05.2026