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

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

What the court decided

AI extract

Outcome

Anticipatory bail granted: in the event of arrest or surrender within six weeks, release on bail on cash security of Rs.5,000/- and bail bond of Rs.25,000/- with two sureties of the like amount each to the satisfaction of learned C.J.M., Chatra, subject to cooperation with investigation and conditions under Section 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 section 303(2) BNS 2023, Rule 54 JMMC Rules 2004 and Rule 13 JM Prevention of Illegal Mining Rules 2017), should be granted anticipatory bail.

Court's answer

Considering the submissions of counsel and the facts discussed, the court opined that it is a fit case where the petitioner should be given the privileges of anticipatory bail.

Ratio / Principle

In the event of arrest or surrender within six weeks of the order, the petitioner is to be released on bail on depositing cash security of Rs.5,000/- and furnishing a bail bond of Rs.25,000/- with two sureties of the like amount each to the satisfaction of the learned C.J.M., Chatra, subject to cooperation with investigation, appearance before the Investigating Officer as and when noticed, furnishing mobile number and Aadhar Card copy with an undertaking not to change the mobile number during the pendency of the case, and the conditions under Section 482(2) BNSS 2023.

Detailed headnote1 paragraphs

Anticipatory bail granted. Applicant, pleading to be the driver-cum-owner of Tractor no.JH-13J-0233 seized for illegal transportation of sand and having no criminal antecedent, apprehended arrest in Chatra Sadar P.S. Case No.331 of 2024 registered under section 303(2) of the B.N.S., 2023, Rule 54 of the Jharkhand Minor Mineral Concession Rules, 2004 and Rule 13 of the Jharkhand Minerals (Prevention of Illegal Mining, Transportation and Storage) Rules, 2017. Held a fit case for anticipatory bail: release on bail in the event of arrest or surrender within six weeks on cash security of Rs.5,000/- and bail bond of Rs.25,000/- with two like sureties before learned C.J.M., Chatra, conditioned on cooperation with investigation, appearance before the Investigating Officer, furnishing mobile number and Aadhar Card copy with an undertaking not to change the mobile number, and subject to Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No.98 of 2025

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Arun Yadav, aged about 35 years, son of Nanku Yadav, Resident of Sinduaari Sikid, P.O. and P.S.-Chatra, District-Chatra.

.... .... …. Petitioner

Versus

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CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

------ For the Petitioner : Mrs. Jasvindar Mazumdar, Advocate For the State : Mr. Santosh Kr. Shukla, Addl.P.P.

Order No.02 Dated- 16/01/2025

Heard the parties.

Apprehending his arrest, the petitioner has moved this Court for grant of privileges 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 bearing registration no.JH-13J-0233 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 next submitted that the petitioner has no criminal antecedent as has been mentioned in paragraph no.17 of the anticipatory bail application. 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. Hence, it is submitted that the petitioner be given the privileges of anticipatory bail.

Learned Addl. P.P. opposes the prayer for grant of anticipatory bail. Considering the submissions of the counsels and the fact as discussed above, I am of the opinion that it is a fit case where the abovenamed petitioner be given the privileges of anticipatory bail. Hence,

in the event of his arrest or surrender within a period of six weeks from the date of this order, he shall be released on bail on depositing cash security of Rs.5,000/- 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 C.J.M., Chatra, in connection with Chatra Sadar P.S. Case No.331 of 2024 with the condition that the petitioner will cooperate with the investigation of the case and appear before the Investigating Officer as and when noticed by him and will furnish his mobile number and a copy of his Aadhar Card in the court below with the undertaking that he will not change his mobile number during the pendency of the case subject to the conditions laid down under Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

(Anil Kumar Choudhary, J . )

Abhiraj/