Jharkhand High Court
Jitendra Kumar Bhagat vs The State Of Jharkhand …. …. …. … on 17 January, 2025
Author: Anil Kumar Choudhary
Bench: Anil Kumar Choudhary
IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No.153 of 2025
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Jitendra Kumar Bhagat, aged about 35 years, son of Shankar Bhagat,
resident of village- Ramjari Kumhari, P.O. Kumhari, P.S. Basia,
District- Gumla …. …. …. Petitioner
Versus
The State of Jharkhand …. …. …. Opposite Party
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CORAM : HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
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For the Petitioner : Mr. Arun Kumar, Advocate
For the State : Mr. Prabhu Dayal Agrawal, Spl. P.P
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Order No.02 Dated- 17-01-2025
Heard the parties.
Apprehending his arrest in connection with Basia P.S. Case No.74 of
2024 instituted under Sections 303(2)/317 (2) of the B.N.S., 2023, Section 4, 21,
54 of Mines and Minerals (Development and Regulation) Act, 1957, Rule
4/54 of the Jharkhand Minor Mineral Concession Rules, 2004 and Rule 7/9
of the Jharkhand Minerals (Prevention of Illegal Mining, Transportation and
Storage) Rule, 2017, the petitioner has moved this Court for grant of
privileges of anticipatory bail.
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 bearing Registration No. JH07J 1239 which was seized by
police for transporting illegally excavated sand. It is submitted that the
allegation against the petitioner is false. Drawing attention of this Court
towards para-15 of the instant bail application, learned counsel for the
petitioner submits that the petitioner has no criminal antecedent. It is lastly
submitted that the petitioner undertakes to co-operate with the investigation
of the case and to furnish sufficient security including cash security. Hence, it
is submitted that the petitioner be given the privileges of anticipatory bail.
Learned Spl. P.P appearing for the State opposes the prayer for
anticipatory bail of the petitioner.
Considering the submissions of learned counsels and the facts and
circumstances stated above, I am inclined to grant privileges of anticipatory
bail to the petitioner. Accordingly, the petitioner is directed to surrender in
the Court below within six weeks from today and in the event of his arrest or
surrendering, he will be enlarged on bail on depositing Rs.5,000/- as cash
security and on furnishing bail bond of Rs.25,000/- (Twenty five thousand)
with two sureties of the like amount each to the satisfaction of learned
A.C.J.M., Gumla in connection with Basia P.S. Case No.74 of 2024 with the
condition that he will co-operate with the investigation of the case and
appear before the investigating officer as and when noticed by him and
furnish his mobile number and photocopy of the Aadhar Card with an
undertaking that he will not change his mobile number during the
pendency of the case and further conditions as laid down under Section 482
(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
(Anil Kumar Choudhary, J.)
Animesh/
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