Gopal Dutta vs The State Of Jharkhand ... Opposite ...
2025 Latest Caselaw 2271 Jhar

Jharkhand High Court

Gopal Dutta vs The State Of Jharkhand ... Opposite ... on 11 August, 2025

Author: Sanjay Kumar Dwivedi

Bench: Sanjay Kumar Dwivedi

                                                                           ( 2025:JHHC:22939 )




                      IN THE HIGH COURT OF JHARKHAND AT RANCHI
                                A.B.A. No. 4176 of 2025
               Gopal Dutta, aged about 32 years, son of Gadadhar Dutta, resident of
               Village- Kumhari, P.O. Chas, P.S. Chas (M), District- Bokaro, Jharkhand
                                                                 ... Petitioner
                                            -Versus-
               The State of Jharkhand                            ... Opposite Party
                                                -----

CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

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For the Petitioner : Md. Nasim Akhtar, Advocate For the State : Mr. Shailesh Kumar Sinha, A.P.P.

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04/11.08.2025 The petitioner is apprehending his arrest in connection with Chas (M) P.S. Case No.55/2025, registered for the offence under Sections 303(2), 317(5), 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Section 21 of the MMDR Act, 1957 and Rule 9 of Jharkhand Minerals (PLMTS) Rules, 2017 and Section 30 of the Coal Act, pending in the Court of the learned Judicial Magistrate, 1st Class, Bokaro.

2. Learned counsel for the petitioner submits that the petitioner is a daily wager and by way of daily work, he earns his livelihood. He further submits that the petitioner has got no criminal antecedent, as disclosed in paragraph 13 of this application.

3. Learned counsel for the State opposed the prayer and submits that the petitioner has already received notice under Section 35(3) of the Bharatiya Nagrik Suraksha Sanhita and in view of that, the petitioner is required to move before the learned Court on the strength of the judgment passed by the Hon'ble Supreme Court in the case of Satender Kumar Antil v. Central Bureau of Investigation and another, reported in (2022) 10 SCC 51.

4. In view of the above, the petitioner is directed to surrender before the learned Court within two weeks from today and the learned Court will release the petitioner on the terms and conditions or sureties as the learned Court may deem fit and proper.

5. Accordingly, this application is disposed of.

(Sanjay Kumar Dwivedi, J.) Ajay/