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

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

What the court decided

AI extract

Outcome

Privilege of anticipatory bail granted: petitioner to be released on bail on arrest by police or surrender within six weeks from the date of the order, 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 the learned JMFC, Godda, subject to the stated conditions of cooperation with investigation and compliance with section 482 (2) of BNSS, 2023.

Issue for consideration

Whether the petitioner, apprehending arrest in connection with Sunder Pahari P.S. Case No. 50 of 2024 (registered under provisions relating to illegal mining, transportation and storage of minerals), should be granted the privilege of anticipatory bail.

Court's answer

Anticipatory bail granted: in the event of arrest by the police or surrender within six weeks from the date of the order, 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 the learned JMFC, Godda, in connection with Sunder Pahari P.S. Case No. 50 of 2024.

Ratio / Principle

Release is subject to the petitioner cooperating with the investigation and appearing before the Investigating Officer as and when noticed, submitting his mobile number and photocopy of Aadhaar card at the time of surrender with an undertaking not to change the mobile phone number during pendency of the case, along with the other conditions laid down under section 482 (2) of BNSS, 2023.

Detailed headnote1 paragraphs

Anticipatory bail granted to the petitioner, alleged (per counsel's submission) to be the owner-cum-driver of a tractor seized while transporting illegally excavated sand, in connection with Sunder Pahari P.S. Case No. 50 of 2024 registered under Section 4/21 of the Mines and Minerals (Development & Regulation) Act, 1957, Rule 4/54 of the Jharkhand Minor Minerals Concession Rules 2004 and Rule 9/13 of the Jharkhand Minerals (Prevention of Illegal Mining, Transportation and Storage) Rules, 2017. On arrest 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 like sureties before the learned JMFC, Godda, conditioned on cooperation with the investigation, appearance before the Investigating Officer as noticed, submission of mobile number and Aadhaar particulars at surrender with an undertaking not to change the mobile number, and the other conditions under section 482 (2) of BNSS, 2023.

IN THE HIGH COURT OF JHARKHAND AT RANCHI ABA No. 1675 of 2025

Chandan Kumar Sah, aged about-31 years Son of Raj Kishore Sah, Resident of Village-Baradhamni, P.O. Dhamni, P.S. Boarijor, District-Godda. … Petitioner

Versus

The State of Jharkhand … opp. party

Coram: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

For the Petitioner : Mr. Gautam Kumari , Adv. For the State : Ms. Ruby Pandey , Addl.. PP

02 / 20.03.2025 Heard the parties.

Apprehending his arrest, the petitioner has moved this Court for grant of privilege of anticipatory bail in connection with Sunder Pahari P.S. Case No. 50 of 2024 registered under Section 4/21 of Mines and Minerals (Development & Regulation) Act, 1957, Rule 4/ 54 of Jharkhand Minor Minerals Concession Rules 2004 and Rule 9/13 of Jharkhand Minerals (Prevention of Illegal Mining, Transportation and Storage) Rules, 2017

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 10 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 JMFC, Godda in connection with Sunder Pahari P.S. Case No. 50 of 2024 subject to the condition that the petitioner will cooperate 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/-