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2026 DAILYLAW 27427 (JHR)

BHAVENDRA PRASAD YADAV v. THE STATE OF JHARKHAND

A.B.A./5489/2026 · 2026-09-30

Anil Kumar Choudhary

body2026

Judgment text

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[2026:JHHC:29432] IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No.5489 of 2026 ------ Bhavendra Prasad Yadav, S/o Ramraj Yadav, aged about 57 years, R/o – Medinipur, P.O. & P.S. – Manihari, District – Katihar (Bihar) .... .... …. Petitioner Versus The State of Jharkhand .... .... .... Opposite Party ------ CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioner : Mr. Santosh Kr. Jha, Advocate Ms. Ranju Kumari, Advocate For the State : Mr. Someshwar Roy, Addl.P.P. ------ Order No:-02 Dated:-30-09-2026 Heard the parties. Apprehending his arrest in connection with Borio (J) P.S. Case No.302 of 2022 instituted under Sections 379, 414 & 175 of the Indian Penal Code, Rules 7, 9 of the Jharkhand Minerals (Prevention of illegal Mining, Transportation & Storage) Rule, 2017, Rules 4, 54 of the JMMC Rules and Rules 21(1), 21(6), 22 of the MMD Rule, 1997, 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 was the owner- cum-driver of the truck bearing vehicle No.WB-65A-7415 which was seized by the police while transporting illegally extracted stone chips. It is next submitted that the allegation against the petitioner is false. It is then submitted that the petitioner has no criminal antecedent as mentioned in para-11 of the instant Anticipatory Bail Application. It is next submitted that the co-accused, with similar allegations, has already been given the privileges of anticipatory bail by a Co-ordinate Bench of this Court vide order dated 07.05.2024 passed in A.B.A. No.7744 of 2023. It is further submitted that the petitioner undertakes to co-operate with the investigation of the case and to furnish sufficient security including cash security. It is lastly submitted that the petitioner also undertakes that he will not annoy or disturb the informant of the case or any of his family members in any manner during the pendency of the case. Hence, it is submitted that the petitioner be given the privileges of anticipatory bail. Learned counsel 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 two weeks from today and in the event of his arrest or surrendering, he will be enlarged on bail on depositing Rs.10,000/- 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 C.J.M., Sahibganj in connection with Borio (J) P.S. Case No.302 of 2022 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 he will not annoy or disturb the informant of the case or any of his family members in any manner 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.) Dated:-30.09.2026 Saroj/