Jharkhand High Court
Md. Shamim vs The State Of Jharkhand …. Opposite … on 25 August, 2025
Author: Sanjay Kumar Dwivedi
Bench: Sanjay Kumar Dwivedi
2025:JHHC:25202
IN THE HIGH COURT OF JHARKHAND, RANCHI
A.B.A. No. 4707 of 2025
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Md. Shamim, aged about 44 years, S/o Abdul Rajjak, Village –
Balumath, PO and PS – Balumath, Laterhar, Jharkhand
…. Petitioner
— Versus —
The State of Jharkhand .... Opposite Party
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CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI
—
For the Petitioner :- Mr. Shadab Eqbal, Advocate
For the State :- Mr. Prabir Kr. Chatterjee, Advocate
—-
04/25.08.2025 Heard learned counsel appearing for the petitioner as well as the
learned counsel appearing for the State.
2. The petitioner is apprehending his arrest in connection with
Balumath P.S. Case No.23 of 2020, for the alleged offences registered
under Sections 379, 406, 420, 467, 468, 471 and 120B of Indian Penal
Code pending in the Court of learned CJM, Latehar.
3. Learned counsel appearing for the petitioner submits that there
are 50 accused persons in the FIR and the petitioner is the owner of the
truck and it is alleged that Ashok Yadav in conspiracy with his brother
Mukesh Kumar Yadav and others fraudulently diverted 40 trucks of coal
between 28.11.2019 and 04.01.2020. He further submits that in identical
situation Ashok Kumar @ Ashok Kumar Yadav and Mukesh Kumar Yadav
@ Mukesh Kumar have already been granted anticipatory bail in A.B.A.
No.739 of 2021 and 666 of 2021 respectively.
4. Learned counsel appearing for the State opposes the prayer and
submits that the allegations are there of not reaching the truck to the
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2025:JHHC:25202
destination. He submits that even the apprehension is not there and in
view of that the anticipatory bail of the petitioner may kindly be rejected.
5. In reply, learned counsel appearing for the petitioner submits
that now Section 41A of Cr.P.C. notice has been issued to the petitioner
and the case of the petitioner is not coming within Category A of
judgment of Hon’ble Supreme Court in the case of Satender Kumar
Antil Versus Central Bureau of Investigation & Anr., reported in
(2022) 10 SCC 51.
6. Looking into the contents of the FIR it transpires that the
allegations are there upon one Ashok Yadav and his brother Mukesh
Yadav and they have been granted anticipatory bail by co-ordinate Bench
of this Court and the petitioner is said to be the owner of truck. In the
attending facts and circumstances of this case, I am inclined to provide
anticipatory bail to the petitioner.
7. Accordingly, the petitioner, above named, is hereby directed to
surrender before the learned Court within three weeks from today, and in
the event of his surrender/arrest, the petitioner, above named, shall be
released on bail, 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, Latehar in connection with Balumath P.S.
Case No.23 of 2020, subject to the conditions as laid down under Section
482(2) of Bharatiya Nagarik Suraksha Sanhita, 2023.
(Sanjay Kumar Dwivedi, J.)
Sangam/
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