Jharkhand High Court
Md. Azhar Husain Aged About 38 Years Son ... vs The State Of Jharkhand .... Opposite ... on 11 August, 2025
Author: Sanjay Kumar Dwivedi
Bench: Sanjay Kumar Dwivedi
2025:JHHC:22898
IN THE HIGH COURT OF JHARKHAND, RANCHI
A.B.A. No. 4194 of 2025
----
1.Md. Azhar Husain aged about 38 years son of Md. Seraj r/o Muslim Upar Tola Khetko, PO Khetko, PS Balidih, District Bokaro-Jharkhand, 829113
2.Jahid Hussain, aged about 56 years son of Maharum Ali Hussain, resident of Isri Bazar Dumri, PO and PS Dumri, District Giridih, Jharkhand, 825106 .... Petitioners
-- Versus --
The State of Jharkhand .... Opposite Party
----
CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI
---
For the Petitioner :- Mr. Baibhaw Gahlaut, Advocate
For the State :- Ms Kumari Rashmi, Advocate
----
4/11.08.2025 Heard the learned counsel for the petitioners as well as the learned
counsel for the respondent State.
2. The petitioners are apprehending their arrest in connection with Balidih P.S.Case No.177 of 2024, for the offence registered under sections 414 read with Section 34 of the IPC Sections 4(1), 4(1)(A) and 21 of the Mines and Minerals (Development and Regulation) Act, 1957,Rule 54 of Jharkhand Minor Mineral Concession Rules, 2004, Rules 9 and 13 of Jharkhand Mines (Prevention of Illegal Transportation and Storage) Rules, 2017 pending in the court of learned Sub Divisional Judicial Magistrate, Bokaro.
3. Learned counsel for the petitioners submits that the petitioners are the owners of two tractors and the allegation is made of illegally carrying 100 c.f.t of sand and the petitioners are having no criminal antecedent as disclosed in paragraph no.10.
4. Learned counsel for the State opposed the prayer and submits that illegally the sand was carrying on the said tractors.
5. Considering that the petitioners are owner of the tractors and they are having no criminal antecedent as disclosed in the paragraph no.10 and the allegation is made of carrying of 100 c.f.t sand, I am inclined to grant anticipatory bail to the petitioners.
6. Accordingly, the petitioners, above named, are hereby directed to surrender before the learned court within three weeks from today, and in the event of their surrender/arrest, the petitioners, 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 Sub Divisional Judicial Magistrate, Bokaro, in connection with Balidih P.S.Case No.177 of 2024, subject to the conditions as laid down under section 482(2) of the Bhartiya Nagrik Suraksha Sanhita (BNSS).
7. This petition is disposed of.
( Sanjay Kumar Dwivedi, J.) SI/