Devraj Yadav Vs the State of Jharkhand — Anticipatory Bail | Jharkhand HC (2025)

Devraj Yadav Vs the State of Jharkhand — Anticipatory Bail | Jharkhand HC (2025)

What the court decided

AI extract

Outcome

Privilege of anticipatory bail granted to the petitioner in connection with Pratappur P.S. Case No. 119 of 2024, conditional on arrest/surrender within six weeks, deposit of Rs. 5,000/- cash security, bail bond of Rs. 25,000/- with two like sureties to the satisfaction of learned SDJM, Chatra, and compliance with investigation-cooperation, mobile-number/Aadhaar and section 482(2) BNSS, 2023 conditions.

Issue for consideration

Whether the petitioner, apprehending arrest in connection with Pratappur P.S. Case No. 119 of 2024 (illegal mining/transportation of sand), should be granted 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 shall be released on bail in connection with Pratappur P.S. Case No. 119 of 2024.

Ratio / Principle

Bail terms: release on depositing Rs. 5,000/- as cash security and on furnishing bail bond of Rs. 25,000/- with two sureties of the like amount each, to the satisfaction of learned SDJM, Chatra.

Key takeaways

Conditions imposed: the petitioner must cooperate with the investigation, appear before the Investigating Officer as and when noticed, submit his mobile number and photocopy of Aadhaar card at the time of surrender with an undertaking not to change the mobile phone number during the pendency of the case, along with the other conditions laid down under section 482(2) of BNSS, 2023.ratio¶13

Detailed headnote1 paragraphs

Anticipatory Bail — Granted: Devraj Yadav, arraigned as the driver of a tractor seized while transporting illegally excavated sand, apprehending arrest in Pratappur P.S. Case No. 119 of 2024 (Sections 303(2) BNS; Rule 54, Jharkhand Minor Minerals Concession Rules 2004; Rule 13, Jharkhand Minerals (Prevention of Illegal Mining, Transportation and Storage) Rules, 2017), was held entitled to anticipatory bail. On arrest or surrender within six weeks, he is to be released on depositing Rs. 5,000/- cash security and furnishing a bail bond of Rs. 25,000/- with two sureties of the like amount each to the satisfaction of learned SDJM, Chatra, subject to cooperation with the investigation, appearance before the Investigating Officer as and when noticed, submission of mobile number and Aadhaar photocopy at surrender with an undertaking not to change the mobile number during the pendency of the case, and the conditions under section 482(2) of BNSS, 2023.

IN THE HIGH COURT OF JHARKHAND AT RANCHI ABA No. 175 of 2025

Devraj Yadav, aged about 34 years, son of Ganesh Mahto, resident of village Gome, P.O. and police station - Pratappur, District-Chatra

… Petitioner

Versus

The State of Jharkhand

… Opp. Party

Coram: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

For the Petitioner : Mr. Rajesh Kr. Singh , Adv. For the State : Mr. P.D. Agrawal, Spl..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 Pratappur P.S. Case No. 119 of 2024 registered under Sections 303 (2) of BNS, Rule 54 of Jharkhand Minor Minerals Concession Rules 2004 and Rule 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 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 13 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 SDJM, Chatra in connection with Pratappur P.S. Case No. 119 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/-