Dhirendra Kumar vs The State Of Jharkhand

Heard learned counsels for petitioner and for State.

The petitioner is apprehending his arrest in connection with Hariharganj PS Case No.87 of 2026, for offence registered under section 317(5) of BNS, 2023, Sections 4/21 of Mines and Minerals (Development and Regulation) Act, 1957 and Section 54 of Jharkhand Mines and Mineral Concession Rules, 2004, pending in court of learned A.C.J.M., Palamau at Daltonganj.

Learned counsel for petitioner submits that the petitioner happened to be owner of the vehicle in question and allegations are made of carrying stone chips on the said vehicle. He next submits that the petitioner was having all the documents and those documents have been annexed in the petition contained in Annexure-2 at page 20 onwards. He also submits that the petitioner has been provided construction work in the State of Bihar and for that, chips were being carried.

Learned State counsel opposes prayer and submits that the allegations are there of illegally carrying the stone chips.

Annexure-2 is the document which prima-facie suggest that the Challan and other documents were there, however, that is in dispute and that is the matter of investigation and trial, and in the attending facts and circumstances of the present case, I am inclined to grant anticipatory bail to the petitioner.

Accordingly, petitioner, above named, is hereby directed to surrender before learned court within three weeks from today, and in event of his surrender/arrest, petitioner, above named, shall be released on bail, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand), with two sureties of like amount each, to satisfaction of learned A.C.J.M., Palamau at Daltonganj, in connection with Hariharganj PS Case No.87 of 2026, subject to the conditions as laid down under section 482(2) of Bhartiya Nagrik Suraksha Sanhita (BNSS), 2023.