RANCHI, India, Oct. 27 -- Jharkhand High Court issued the following order on Sept. 26:
1. Heard learned counsels for petitioner and for State.
2. The petitioner is apprehending his arrest in connection with Rehla PS Case No.62 of 2025, for offence registered under section 317(5) of BNS, 2023, Section 4/ 21 of Mines and Minerals (Development and Regulation) Act, 1957 and Rule 9/13 of Jharkhand Mines (Prevention of Illegal Mining, Transpiration and Storage) Rules, 2017, pending in court of learned Chief Judicial Magistrate, Palamau.
3. Learned counsel for petitioner submits that the petitioner is working with the company which has been granted construction work of NH 39 and allegations are made that in the truck in question 500 cft stone chips were loaded. She then submits that the petitioner was looking after the said construction work and in view of that only the petitioner has been implicated in this case. She fairly submits that the petitioner has got one criminal antecedent. She next submits that stone chips were transported on valid challan which has been brought on record as Annexure 4 and 5.
4. Learned State counsel opposes prayer and submits that illegally the said stone chips were being carried.
5. Considering that the petitioner is the employee of the company which was executing the construction work of NH 39 and Annexure 4 and t are the documents which prima facie suggest that those documents are with regard to transportation of chips. Further that the criminal antecedent cannot be the only ground of allowing or rejecting the anticipatory bail or the regular bail however that can be one of the grounds for rejecting or allowing the anticipatory bail or the regular bail and only on the sole ground bail or anticipatory bail cannot be rejected. So far as the present case is concerned, prima facie, it appears that the said stone chips were being carried on valid documents contained in Annexure -4 and 5, I am inclined to grant anticipatory bail to petitioner.
6. 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 Chief Judicial Magistrate, Palamau, in connection with Rehla PS Case No.62 of 2025, subject to the conditions as laid down under section 482(2) of Bhartiya Nagrik Suraksha Sanhita (BNSS), 2023.
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