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

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

What the court decided

AI extract

Outcome

Anticipatory bail granted: on arrest or surrender within six weeks, release on depositing Rs. 10,000/- cash security and furnishing bail bond of Rs. 25,000/- with two sureties of like amount each to the satisfaction of learned CJM, Chatra, subject to investigation-cooperation conditions and conditions under S. 482(2) BNSS 2023.

Issue for consideration

Whether the petitioner, apprehending arrest in connection with Chatra Sadar P.S. Case No. 331 of 2024 (offences under S. 303(2) BNS 2023, Rule 54 JMMC Rules 2004 and Rule 13 Jharkhand Minerals (Prevention of Illegal Mining, Transportation and Storage) Rules 2017), should be granted 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 the police or surrender within six weeks from the date of the order, the petitioner shall be released on bail on depositing Rs. 10,000/- as cash security and on furnishing a bail bond of Rs. 25,000/- with two sureties of the like amount each to the satisfaction of the learned CJM, Chatra, subject to cooperation with the investigation, appearance before the Investigating Officer as and when noticed, submission of mobile number and Aadhaar card photocopy at surrender with an undertaking not to change the mobile number during the pendency of the case, and the other conditions laid down under S. 482(2) BNSS 2023.

Detailed headnote1 paragraphs

Anticipatory bail granted — Shankar Yadav v. The State of Jharkhand (Jharkhand HC, Ranchi, ABA No. 176 of 2025, decided 20.01.2025, Anil Kumar Choudhary, J.). Petitioner, alleged driver-cum-owner of a tractor seized for illegal transportation of sand, apprehended arrest in Chatra Sadar P.S. Case No. 331 of 2024 under S. 303(2) BNS 2023, Rule 54 Jharkhand Minor Mineral Concession Rules 2004 and Rule 13 Jharkhand Minerals (Prevention of Illegal Mining, Transportation and Storage) Rules 2017. Held: anticipatory bail granted — on arrest or surrender within six weeks, release on Rs. 10,000/- cash security and Rs. 25,000/- bail bond with two like sureties before learned CJM, Chatra, subject to cooperation with investigation, appearance before the IO as noticed, mobile number and Aadhaar undertakings, and conditions under S. 482(2) BNSS 2023. Parity with co-accused's bail in ABA No. 98 of 2025 (order dated 16.01.2025) was urged by counsel.

IN THE HIGH COURT OF JHARKHAND AT RANCHI ABA No. 176 of 2025

Shankar Yadav, aged about 46 years, son of Beni Yadav, Resident of Village Chakla, P.O. Baluri, P.S. Huntergang, District Chatra.

… Petitioner

Versus

The State of Jharkhand

… Opp. Party

Coram: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

For the Petitioner : Mr. Aman Kedia , Adv. For the State : Ms. Shweta Singh, 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 Chatra Sadar P.S. Case No.331 of 2024 registered involving the offences punishable under section 303(2) of the B.N.S., 2023, under Rule 54 of Jharkhand Minor Mineral Concession Rules, 2004 and under Rule 13 of Jharkhand Minerals (Prevention of Illegal Mining, Transportation and Storage) Rules, 2017.

The Learned counsel for the petitioner submits that the allegation against the petitioner is that the petitioner is the driver cum owner of Tractor which was seized by the police for illegal transportation of sand. It is further submitted that the allegations against the petitioner are all false. 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 and co-accused with similar allegations has already been granted privilege of anticipatory bail by this court vide order dated 16.01.2025 passed in ABA no. 98 of 2025. Hence, it is submitted that the petitioner be given the privileges 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. 10,000/- 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, Chatra in connection with Chatra Sadar P.S. Case No.331 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/-