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

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

What the court decided

AI extract

Outcome

Anticipatory bail granted: in the event of arrest or surrender within six weeks from the date of the order, release on bail on depositing Rs. 5,000/- cash security and furnishing bail bond of Rs. 25,000/- with two sureties of the like amount each to the satisfaction of learned CJM, Deoghar in Deoghar (Town) P.S. Case No. 678 of 2024, subject to co-operation with investigation and other conditions including those under S.482(2) BNSS 2023.

Issue for consideration

Whether the petitioner, apprehending arrest in Deoghar (Town) P.S. Case No. 678 of 2024, is entitled to the privilege of anticipatory bail.

Court's answer

Considering the facts and circumstances of the case, the Court granted the privilege of anticipatory bail to the petitioner.

Ratio / Principle

In the event of arrest by police or surrender within six weeks, the petitioner is to be released on bail on depositing Rs. 5,000/- as cash security and furnishing a bail bond of Rs. 25,000/- with two sureties of the like amount each to the satisfaction of learned CJM, Deoghar, subject to conditions including co-operation with the investigation, appearance before the Investigating Officer as noticed, submission of mobile number and Aadhaar card photocopy at surrender with an undertaking not to change mobile number during the pendency of the case, and the other conditions under S.482(2) BNSS 2023.

Detailed headnote1 paragraphs

ANTICIPATORY BAIL GRANTED — Petitioner, apprehending arrest in Deoghar (Town) P.S. Case No. 678 of 2024 (Ss.317(5), 3(5) BNS 2023; S.21 Mines and Minerals (Development & Regulation) Act 1957; R.54 Jharkhand Minor Minerals Concession Rules 2004; R.13 Jharkhand Minerals (Prevention of Illegal Mining, Transportation and Storage) Rules 2017; S.15 Environment Protection Act 1986), alleged to be owner-cum-driver of a tractor seized while transporting illegally excavated sand — counsel submitted no criminal antecedent and undertaking to co-operate with investigation — held, in event of arrest or surrender within six weeks, petitioner to be released on bail on depositing Rs. 5,000/- cash security and bail bond of Rs. 25,000/- with two like sureties to the satisfaction of learned CJM, Deoghar, subject to co-operation with investigation and conditions under S.482(2) BNSS 2023 (Anil Kumar Choudhary, J.).

IN THE HIGH COURT OF JHARKHAND AT RANCHI ABA No. 164 of 2025

Mithilesh Kumar Yadav, aged about 26 years, son of Sukhdeo Prasad Yadav, Resident of Village-Kolhariya, P.O.- Kasati, P.S.Devipur, District- Deoghar. … Petitioner

Versus

The State of Jharkhand …Opp. Party

Coram: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

For the Petitioner : Mr. Sudhansu Kumar Sao, Adv. For the State : Ms. Kumari Rashmi, Addl.PP

02 / 20.01.2025 Heard the parties.

Apprehending his arrest, the petitioner has moved this Court for grant of privilege of anticipatory bail in connection with Deoghar (Town) P.S. Case No. 678 of 2024 registered under Sections 317 (5), 3(5) of BNS, 2023, Section 21 of Mines and Minerals (Development & Regulation) Act, 1957, Rule 54 of Jharkhand Minor Minerals Concession Rules 2004, Rule 13 of Jharkhand Minerals (Prevention of Illegal Mining, Transportation and Storage) Rules, 2017 and Section 15 of the Environment Protection Act, 1986.

Learned counsel appearing for the petitioner submits that the allegation against the petitioner is that the petitioner is the owner-cum-driver of the tractor, which was seized while transporting the illegally excavated sand. It is then submitted that the allegations against the petitioner are all false. It is further submitted by learned counsel for the petitioner that the petitioner has no criminal antecedent, as mentioned in paragraph 11 of the anticipatory bail application. It is next submitted that the petitioner is ready to co-operate with the investigation of the case and also undertakes to furnish sufficient security including cash security hence, the petitioner be given the privilege of anticipatory bail.

The learned Addl. PP opposes the prayer for anticipatory bail of the petitioner.

Considering aforesaid facts and circumstances of the case, I am inclined to grant the privilege of anticipatory bail to the petitioner. Hence, in the event of arrest by the police or surrender within a period of six weeks from the date of this order, the petitioner shall be released on bail on depositing Rs. 5,000/- as cash security 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 CJM, Deoghar in connection with Deoghar (Town) P.S. Case No. 678 of 2024 subject to the condition that the petitioner will co-operate with the Investigation of the case and will appear before the Investigating Officer as and when noticed by him and will submit mobile number and photocopy of Aadhaar card at the time of surrender in the court below with an undertaking not to change mobile phone number during the pendency of the case along with the other conditions laid down under section 482 (2) of BNSS, 2023.

(ANIL KUMAR CHOUDHARY, J.)

Smita/-