Anand Kumar Gupta Vs State of Jharkhand (Jharkhand High Court)
In the case of Anand Kumar Gupta vs. State of Jharkhand, the petitioner sought anticipatory bail in connection with Katras P.S. Case No. 231 of 2024, where he was accused of smuggling coal. The allegations involved violations under Section 303(2) of the Bharatiya Nyaya Sanhita, 2023, the Mines and Minerals (Development & Regulation) Act, 1957, and Jharkhand’s Minerals (Prevention of Illegal Mining, Transportation, and Storage) Rules, 2017. The petitioner’s truck, allegedly carrying 30-35 tons of coal without valid documentation, was apprehended by the police. However, the petitioner presented tax invoices and e-way bills to demonstrate that the coal was legally loaded in Kolkata and en route to Ranchi. He argued that the police had refused to accept these documents. Notably, the petitioner had no prior criminal record and committed to cooperating with the investigation.
The Jharkhand High Court reviewed the submissions and materials provided by both parties. Considering the absence of prior criminal antecedents and the validity of the documents presented, the court granted the petitioner anticipatory bail. The conditions for bail included surrender or arrest within three weeks, submission of a ₹20,000 bond, and two sureties of the same amount to the satisfaction of the Sub-Divisional Judicial Magistrate, Dhanbad. The court emphasized adherence to Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
