JHARKHAND HIGH COURT ISSUES ORDER ON DILIP YADAV AND ORS. V/S THE STATE OF JHARKHAND

RANCHI, India, Nov. 19 -- Jharkhand High Court issued the following order on Oct. 29:

Heard learned counsel appearing on behalf of Petitioners and learned counsel appearing on behalf of the State.

2. The petitioners are apprehending their arrest in connection with Gomia P.S. Case No. 41 of 2025, registered for the offences under Sections 303(2) / 317(2) / 317(5), 3(5) of the Bharatiya Nyaya Sanhita, under Section 21 of MMDR Act, 1957 and under Rule 13 of the Jharkhand Minerals (Prevention of Illegal Mining, Transportation and Storage) Rules, 2017, pending in the Court of learned Judicial Magistrate, 1st Class, Bermo at Tenughat.

3. Learned counsel appearing for the petitioners submits that petitioners have been falsely implicated in this case and the petitioners have nothing to do with the alleged coal. She further submits that the villagers have taken the name of the petitioners. She also submits that Petitioners No.1, 3 & 4 are having criminal antecedents; however, petitioner No.2 is having no criminal antecedent.

4. Learned counsel for the State opposed the prayer and submits that the petitioners are named in the FIR.

5. In view of the above and considering that the name of the petitioners has come on the statement made by the co-villagers and in the FIR, it has not been disclosed that who has taken the name of the petitioners. Although, the petitioners No.1, 3 & 4 are having criminal antecedent, however only the criminal antecedent is not the sole criteria of either rejecting or granting the anticipatory bail. In the attending facts and circumstances of this case, I am inclined to grant anticipatory bail to the petitioners.

6. Accordingly the petitioners above named are directed to surrender before the learned Court within three weeks from the date of receipt of the order and on the event of their surrender / arrest, they shall be released on bail on furnishing bail bond of Rs.25,000/- (Twenty-Five Thousand) each with two sureties of the like amount of each to the satisfaction of learned Judicial Magistrate, 1 st Class, Bermo at Tenughat, in connection with Gomia P.S. Case No.41 of 2025, subject to the condition as laid down under Section 482(2) of Bhartiya Nagarik Suraksha Sanhita, 2023.

7. This Anticipatory Bail Application is accordingly allowed and disposed of.

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