JHARKHAND HIGH COURT ISSUES ORDER ON KANHAIYA KUMAR SINGH V/S THE STATE OF JHARKHAND

RANCHI, India, Feb. 14 -- Jharkhand High Court issued the following order on Jan. 13:

1. Heard learned counsel appearing on behalf of Petitioner and learned counsel appearing on behalf of the State.

2. The petitioner is apprehending his arrest in connection with Sisai P.S. Case No.126 of 2025, registered for the offences under Sections 303(2)/317(5)/3(5)of Bharatiya Nyaya Sanhita (BNS) 2023 and under Section 4/21 of Mines and Minerals (Development & Regulation) Act 1957 and under Rule 4/54 of Jharkhand Minor Minerals Concession Rule 2004 and under Rule 7/9 of Jharkhand Minerals (Prevention of illegal Mining Transportation and Storage) Rule, 2017, pending in the Court of learned Sub Divisional Judicial Magistrate, Gumla.

3. Learned counsel appearing for the petitioner submits that false allegations are made against the petitioner of storing 15,900 cft. sand on a particular place. He also submits that only on suspicion, name of the petitioner has been taken. He further submits that the petitioner has got no criminal antecedent as disclosed in Para 12 of the petition.

4. Learned counsel appearing for the State opposed the prayer and submits that allegations are there of storing of the sand.

5. Considering that the land is not belonging to the petitioner as stated by the learned counsel appearing for the petitioner and the petitioner has got no criminal antecedent as disclosed in Para 12 of the petition and prima facie it appears that the name of the petitioner has come on suspicion, I am inclined to grant anticipatory bail to the petitioner.

6. Accordingly, the petitioner, above named, is directed to surrender before the learned Court within three weeks from the date of receipt of the order and on the event of his surrender / arrest, he shall be released on bail on furnishing bail bond of Rs.25,000/- (Twenty-Five Thousand) with two sureties of the like amount of each to the satisfaction of learned Sub Divisional Judicial Magistrate, Gumla, in connection with Sisai P.S. Case No.126 of 2025, subject to the condition as laid down under Section 482(2) of Bharatiya Nagarik Suraksha Sanhita, 2023.

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

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