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2026 DAILYLAW 28450 (JHR)

SUSHIL KUMAR YADAV v. THE STATE OF JHARKHAND

A.B.A./5622/2026 · 2026-10-07

Anil Kumar Choudhary

body2026

Judgment text

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( 2026:JHHC:29995 ) IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 5622 of 2026 ------ Sushil Kumar Yadav, aged about 35 years, son of Anhach Yadav, resident of Village-Bhaisadon, P.O.-Dhadhu, P.S.- Balumath, Dist.-Latehar … Petitioner Versus The State of Jharkhand … Opposite Party ------ CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioner : Ms. Sonal Sodhani, Advocate For the State : Mr. Shiv S. Kumar, Addl. P.P. ------ Order No.02 Dated- 07.10.2026 Heard the parties. Apprehending his arrest, the petitioner has moved this Court for grant of privilege of anticipatory bail in connection with Bariyatu P.S. Case No.48 of 2026 registered for the offences punishable under sections 303(2)/317(5) of the B.N.S., 2023, Section 21 of M.M.D.R. Act and under Rule 13 of J.M. (PIMTS) Rules. The Learned counsel for the petitioner submits that the allegation against the petitioner is that the petitioner is the owner- cum-driver of the Hywa vehicle bearing registration no. JH19E- 8824 which was seized by police for being loaded with 30 tons of illegally extracted coal. It is further submitted that the allegations against the petitioner are all false and drawing attention of this Court to Annexure-2 of the brief which is the transport challan and that goes to show that coal loaded in the said truck was validly purchased coal and was transported in accordance with law. It is next submitted that the petitioner has no criminal antecedent as has been mentioned in paragraph no. 15 of the anticipatory bail application. It is then submitted that the petitioner undertakes to furnish sufficient security including cash security and also undertakes to cooperate with the investigation of the case. Hence, it is submitted that the petitioner be given the privilege of anticipatory bail. Learned Addl. P.P. opposes the prayer for grant of anticipatory bail. Considering the submissions of the counsels and the fact as discussed above, I am of the opinion that it is a fit case where the abovenamed petitioner be given the privilege of anticipatory bail. Hence, in the event of his arrest or surrender within a period of two weeks from the date of this order, he shall be released on bail on depositing cash security of Rs. 30,000/- and on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Latehar, in connection with Bariyatu P.S. Case No.48 of 2026 with the condition that the petitioner will cooperate with the investigation of the case and appear before the Investigating Officer as and when noticed by him and will furnish his mobile number and a copy of his Aadhar Card in the court below with the undertaking that he will not change his mobile number during the pendency of the case subject to the conditions laid down under Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. (Anil Kumar Choudhary, J.) 07.10.2026 Gunjan-