Prakash Yadav Alias Prakash Kumar Yadav Vs the State of… — Anticipatory Bail | Jharkhand HC (2025)

Prakash Yadav Alias Prakash Kumar Yadav Vs the State of… — Anticipatory Bail | Jharkhand HC (2025)

What the court decided

AI extract

Outcome

Anticipatory bail privileges granted: petitioner to surrender within six weeks and to be enlarged on depositing Rs.50,000/- cash security and furnishing bail bond of Rs.25,000/- with two sureties of the like amount each, subject to stated conditions including co-operation with investigation and conditions under Section 482(2) BNSS, 2023.

Issue for consideration

Whether the petitioner, apprehending arrest in connection with Katkamsaandi P.S. Case No.81 of 2024 (alleged illegal crushing and mining of stone without valid licence), is entitled to the privileges of anticipatory bail.

Court's answer

The Court is inclined to grant privileges of anticipatory bail to the petitioner considering the submissions of learned counsels and the facts and circumstances stated.

Ratio / Principle

The petitioner is directed to surrender in the Court below within six weeks and, on arrest or surrender, to be enlarged on depositing Rs.50,000/- as cash security and furnishing a bail bond of Rs.25,000/- with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate-1st Class, Hazaribagh, subject to conditions including co-operation with the investigation, appearing before the investigating officer as and when noticed, furnishing mobile number and Aadhar Card copy with an undertaking not to change the mobile number, and the conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Detailed headnote1 paragraphs

Anticipatory bail granted (High Court of Jharkhand at Ranchi, A.B.A. No.1667 of 2025, Order No.02 dated 17-03-2025, Anil Kumar Choudhary, J.) — Petitioner apprehending arrest in Katkamsaandi P.S. Case No.81 of 2024 instituted under Section 379/411/34 of the Indian Penal Code, Rules 4/54 of the J.M.M.C. Rules and Rules 7/13 of the Jharkhand Mineral (Prevention of illegal Mining, Transportation and Storage) Rules, 2017, over allegations of illegal crushing and mining of stone without valid licence — Petitioner directed to surrender before the Court below within six weeks; on arrest or surrender to be enlarged on depositing Rs.50,000/- as cash security and furnishing bail bond of Rs.25,000/- with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate-1st Class, Hazaribagh — Conditions imposed: co-operation with investigation, appearance before the investigating officer as and when noticed, furnishing of mobile number and photocopy of Aadhar Card with undertaking not to change mobile number during pendency, and further conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No.1667 of 2025

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Prakash Yadav @ Prakash Kumar Yadav S/O Govardhan Yadav, aged about 25 years Resident of Village- heshakuder, PostShahpur P.S- Katkamsaandi, District- Hazaribagh, Jharkhand.

.... .... …. Petitioner

Versus

The State of Jharkhand .... .... .... Opposite Party

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CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

For the Petitioner : Mr. Birendra Kumar, Advocate Md. Shadab Ansari, Advocate For the State : Mrs. Lily Sahay, Addl.P.P. ------

Order No.02 Dated-17-03-2025

Heard the parties.

Apprehending his arrest in connection with Katkamsaandi P.S. Case No.81 of 2024 instituted under Section 379/411/34 of the Indian Penal Code, Rules 4/54 of the J.M.M.C. Rules and Rules 7/13 of the Jharkhand Mineral (Prevention of illegal Mining, Transportation and Storage) Rules, 2017, 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 involved in crushing and mining of stone illegally without any valid license. It is next submitted that the allegation against the petitioner is false. 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. Hence, it is submitted that the petitioner be given the privileges of anticipatory bail.

Learned Addl.P.P. 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 six weeks from today and in the event of his arrest or surrendering, he will be enlarged on depositing Rs.50,000/- 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 Judicial Magistrate-1^st Class, Hazaribagh in connection with Katkamsaandi P.S. Case No.81 of 2024 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 further conditions as laid down under Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

(Anil Kumar Choudhary, J . )

Saroj/