Pankaj Kumar vs State Of Jharkhand

Sanjay Kumar Dwivedi, J

Heard learned counsels for petitioners and for the State.

The petitioners are apprehending their arrest in connection with Simariya P.S. Case No.09 of 2025, for offence registered under sections 303(2), 317(5), 3(5), BNS, 2023, section 21 of Mines and Minerals (Development and Regulation), Act, Rule 54 of Jharkhand Minor Minerals Concessions Rules and Rules 7 and 13 of Jharkhand Minerals (Prevention of Illegal Mining, Transportation and Storage) Rules, pending in court of learned Additional Chief Judicial Magistrate, Chatra.

Learned counsel for petitioners submits that false allegations have been made against the petitioners of storing 100 cft sand on forest land. He further submits that name of the petitioners as alleged to be taken by one person and the name of that person is not disclosed in the FIR. He then submits that in similar situation two co-accused persons have been granted anticipatory bail in ABA No.4644 of 2025.

Learned State counsel opposes prayer and submits that allegations are there of storing 100 cft sand on forest land.

Considering that the land of the petitioners has been denied and two of the co-accused persons have been granted anticipatory bail as aforesaid, I am inclined to grant anticipatory bail to petitioners.

Accordingly, both the petitioners, above named, are hereby directed to surrender before learned court within three weeks from today, and in event of their surrender/arrest, both the petitioners, above named, shall be released on bail, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each, with two sureties of like amount each, to satisfaction of learned Additional Chief Judicial Magistrate, Chatra, in connection with Simariya P.S. Case No.09 of 2025, subject to the conditions as laid down under section 482(2) of Bhartiya Nagrik Suraksha Sanhita (BNSS), 2023.