Kamdeo Yadav vs State Of Jharkhand

Sanjay Kumar Dwivedi, J

Heard learned counsels for petitioners and for State.

The petitioners are apprehending their arrest in connection with Kunda PS Case No.218 of 2025, for offence registered under sections 191(2), 191(3), 190, 126(2), 115(2), 117(2), 109(1), 121(1), 132, 303(2), 352, 324(4) of BNS, 2023 and section 4 and 5 of Jharkhand Minor Minerals Concessions Rules, 2004 and section 4 and 21 of Mines and Minerals (Development and Regulation) Act, 1957, pending in court of learned Chief Judicial Magistrate, Deoghar.

Learned  counsel  for  petitioners  submits  that  in  the  FIR  the allegations are made that 20 tractors were parked for loading of the sand in question. He further submits that even the source of such allegations are not disclosed in the FIR and even nothing was loaded on the said tractors and in the seizure list also, only the seized  tractors  have  been  shown  and  the  sand  in  question  has  not been shown in the seizure list.

Learned State counsel opposes prayer and submits that allegations are there of illegally loading the sand in question on the said tractors.

Considering  that  inn  the  seizure  list,  only  the  tractors have been shown and the sand has not been shown and the petitioners are the owners of different tractors, I am inclined to grant anticipatory bail to petitioners.

Accordingly,  petitioners,  above  named,  are  hereby  directed to surrender before learned court within four weeks from today, and in event  of their surrender/arrest,  petitioners, 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 Chief Judicial Magistrate, Deoghar, in connection with Kunda PS Case No.218 of 2025, subject to the conditions as laid down under section 482(2) of Bhartiya Nagrik Suraksha Sanhita (BNSS), 2023.