Sandeep Kumar Vs the State of Jharkhand — Mining and Natural Resources | Jharkhand HC (2025)

Sandeep Kumar Vs the State of Jharkhand — Mining and Natural Resources | Jharkhand HC (2025)

What the court decided

AI extract

Outcome

Anticipatory bail granted: petitioner to be released on bail in the event of his arrest or surrender within six weeks, on cash security of Rs.10,000/- and bail bond of Rs.25,000/- with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Ranchi, in connection with Namkum P.S. Case No.471 of 2024, subject to the stated conditions including cooperation with investigation and section 482(2) BNSS 2023 conditions.

Issue for consideration

Whether the petitioner, apprehending arrest in connection with Namkum P.S. Case No.471 of 2024 (transportation of illegally excavated sand), should be granted anticipatory bail.

Court's answer

Considering the submissions of counsel and the facts discussed, the case is a fit one for grant of the privilege of anticipatory bail to the petitioner.

Ratio / Principle

In the event of arrest or surrender within six weeks, the petitioner shall be released on bail on cash security of Rs.10,000/- and bail bond of Rs.25,000/- with two sureties of the like amount each, subject to conditions: cooperation with investigation, appearance before the Investigating Officer as and when noticed, furnishing mobile number and Aadhaar Card copy with an undertaking not to change the mobile number during pendency, and the conditions under section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Detailed headnote1 paragraphs

Anticipatory bail granted to the alleged owner of a Turbo Truck seized for transporting illegally excavated sand (Namkum P.S. Case No.471 of 2024; sections 317(5) B.N.S., 2023; S.4/21 M.M.D.R. Act; Rule 4/54 J.M.M.C. Rules; Rule 9/11/13 Jharkhand Minerals (Prevention of Illegal Mining, Transportation and Storage) Rules). Release ordered in the event of arrest or surrender within six weeks on cash security of Rs.10,000/- and bail bond of Rs.25,000/- with two like sureties, conditioned on cooperation with the investigation, appearance before the Investigating Officer, furnishing of mobile number and Aadhaar Card copy with an undertaking not to change the mobile number during pendency, and the conditions under section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 1106 of 2025

Sandeep Kumar, aged about 45 years, son of Ram Dalay Mahto, resident of Samlong Nayatoli, Namkum, P.O. & P.S.Namkum, Dist.-Ranchi

… Petitioner Versus

The State of Jharkhand … Opposite Party ------

CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioner : Mr. Awanish Shekhar, Advocate For the State : Mrs. Ruby Pandey, Addl. P.P. ------

Order No.02 Dated- 18.02.2025

Heard the parties.

Apprehending his arrest, the petitioner has moved this Court for grant of privilege of anticipatory bail in connection with Namkum P.S. Case No.471 of 2024 registered under sections 317(5) of the B.N.S., 2023, under Section 4/21 of M.M.D.R. Act and under Rule 4/54 of J.M.M.C. Rules and under Rule 9/11/13 of the Jharkhand Minerals (Prevention of Illegal Mining, Transportation and Storage) Rules.

The Learned counsel for the petitioner submits that the allegation against the petitioner is that the petitioner is the owner of the Turbo Truck which was seized by the police for being involved in transportation of illegally excavated sand. It is further submitted that the allegations against the petitioner are all false and the petitioner has no criminal antecedent as has been mentioned in para9 of the instant 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. It is lastly submitted that the co-accused person has already been given the privilege of anticipatory bail by this Court vide order dated 14.02.2025 in A.B.A. No.1035 of 2025. Hence, it is submitted that the petitioner be also 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 six weeks from the date of this order, he shall be released on bail on depositing cash security of Rs.10,000/- 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, Ranchi, in connection with Namkum P.S. Case No.471 of 2024 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 . )

Sonu/Gunjan-