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

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

What the court decided

AI extract

Outcome

Anticipatory bail granted: petitioner to surrender within three weeks and, upon surrender/arrest, to be released on bail on furnishing bail bonds of Rs. 25,000/- with two sureties of the like amount each, to the satisfaction of the learned Chief Judicial Magistrate, Dumka, in connection with Complaint (O.C.R.) Case No. 2378 of 2023, subject to conditions under Section 482(2) of B.N.S.S, 2023.

Issue for consideration

Whether the petitioner, who is apprehending arrest in connection with Complaint (O.C.R.) Case No. 2378 of 2023 (illegal mining/transportation of stone chips offences under the MMDR Act, 1957 and allied Jharkhand Rules), is entitled to anticipatory bail.

Court's answer

The Court granted anticipatory bail to the petitioner considering that he is only the driver of the truck in question and that the co-accused has already been granted anticipatory bail in A.B.A. No. 3305 of 2024 (parity).

Ratio / Principle

The petitioner was directed to surrender before the learned court within three weeks and, in the event of surrender/arrest, to be released on bail on furnishing bail bonds of Rs. 25,000/- with two sureties of the like amount each, to the satisfaction of the learned Chief Judicial Magistrate, Dumka, subject to conditions under Section 482(2) of B.N.S.S, 2023.

Detailed headnote1 paragraphs

Anticipatory bail - granted. Petitioner, stated to be the driver of a truck allegedly loaded with 800 cft of illegal stone chips, apprehended arrest in Complaint (O.C.R.) Case No. 2378 of 2023, registered under sections 4 and 21 of the Mines and Minerals (Development & Regulation) Act, 1957, Rule 4/54 of the Jharkhand Minor Minerals Concession Rule, 2004 and Rule 9/13 of the Jharkhand Minerals (Preventions of Illegal Mining Transportation and Storage) Rules, 2017, pending before the Chief Judicial Magistrate, Dumka. Considering that the petitioner was only the driver of the truck and that the co-accused had already been granted anticipatory bail in A.B.A. No. 3305 of 2024, the Court granted anticipatory bail: the petitioner was directed to surrender within three weeks and, upon surrender/arrest, to be released on bail bonds of Rs. 25,000/- with two like sureties, subject to the conditions of Section 482(2) of B.N.S.S, 2023. (Sanjay Kumar Dwivedi, J.)

 ( 2025:JHHC:23693 )

IN THE HIGH COURT OF JHARKHAND AT RANCHI A. B. A. No. 4045 of 2025

Sajan Kumar, aged about 41 years, son of Guneshwar Singh, resident of Pakaril Bindtoli, Post Office and Police Station Khagaria, Pakrail, Bihar ...... … Petitioner

Versus

The State of Jharkhand .…. … Opposite Party

-------- CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI For the Petitioner :Mr. Lalit Yadav, Advocate For the State : Mr. Prabhu Dayal Agrawal, Spl.P.P.

07/ 14.08.2025 : Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is apprehending his arrest in connection with Complaint (O.C.R.) Case No. 2378 of 2023, registered under sections 4 and 21 of Mines and Minerals (Development & Regulation) Act, 1957, under Rule 4/54 Jharkhand Minor Minerals Concession Rule, 2004 and Rule 9/13 of Jharkhand Minerals (Preventions of Illegal Mining Transportation and Storage) Rules, 2017 pending in the Court of learned Chief Judicial Magistrate, Dumka.

Learned counsel for the petitioner submits that petitioner is driver of truck in question and allegation is made that 800 cft stone chips was loaded on the said truck. He submits that co-accused has been granted anticipatory bail in A.B.A. No. 3305 of 2024. On these grounds, he submits that the petitioner may kindly be provided privilege of anticipatory bail.

Learned counsel for the State opposes the prayer and submits that illegal stone chips was loaded on the said truck.

Considering that petitioner is driver of truck in question and co-accused has been granted anticipatory bail in A.B.A. No. 3305 of 2024, I am inclined to grant anticipatory bail to the petitioner. Accordingly, the above named, petitioner is directed to surrender before the learned court within three weeks from today and in the event of his surrender / arrest, the petitioner shall be released on bail, on furnishing bail bonds of Rs. 25,000/- (twenty five thousand) with two sureties of the like amount each, to the satisfaction of learned Chief Judicial Magistrate, Dumka, in connection with Complaint (O.C.R.) Case No. 2378 of 2023, subject to conditions as laid down under Section 482 (2) of B.N.S.S, 2023.

( Sanjay Kumar Dwivedi, J.)

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