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Judgment
2/03.08.2026 Heard learned counsels for petitioner and for State.
The petitioner is apprehending his arrest in connection with Satgawan PS Case No.41 of 2026, for offence registered under section 317(2)/3(5) of the BNS, 2023 and Section 30(ii) of Coal Mines Act, pending in court of learned Judicial Magistrate, First Class, Koderma.
Learned counsel for petitioner submits that the petitioner happened to be owner cum driver of the tractor and the allegations are made of carrying coal in absence of any valid document. He next submits that, however, the documents were there and for the dispute of the same, the FIR has been lodged and he next submits that the petitioner has got no criminal antecedent as disclosed in paragraph no.12 of the petition.
Learned State counsel opposes prayer and submits that illegally the coal was being carried.
Annexure -3 is the Tax Invoice and Annexure-4 is e.way Bill, which prima-facie suggest that the documents were there, however, those are in dispute and the same are the subject matter of investigation and trial and the petitioner is said to be owner cum driver of the vehicle in question and he has got no criminal antecedent as aforesaid, I am inclined to grant anticipatory bail to 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 Judicial Magistrate, First Class, Koderma, in connection with Satgawan PS Case No.41 of 2026, subject to the conditions as laid down under section 482(2) of Bhartiya Nagrik Suraksha Sanhita (BNSS), 2023.