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2026 DAILYLAW 11044 (JHR)

MAHESH PRASHAD v. THE STATE OF JHARKHAND

A.B.A./1583/2026 · 2026-04-20

Sanjay Kumar Dwivedi

Public Interest Litigationbody2026

Judgment text

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2026:JHHC:11696 IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 1583 of 2026 Mahesh Prasad, son of Raj Sao @ Raj Saw, resident of Village Morangi, P.O. Demotand, P.S. Muffasil, District Hazaribagh (Jharkhand) .... .... …. Petitioner Versus The State of Jharkhand .... .... .... Opposite Party CORAM : HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI For the Petitioner : Mr. Nawal Kishore Pandey, Advocate For the State : Ms. Shweta Singh, A.P.P. For the Informant : Mr. Nawin Kumar, Advocate ------ 02/20.04.2026 Mr. Nawin Kumar, learned counsel submits that he has received Vakalatnama on behalf of the informant, however, the same Vakalatnama could not be filed in the Registry and matter is on the board. In view of such submission, the Vakalatnama is taken on record. Heard learned counsel for the petitioner and learned A.P.P for the State. 2. The petitioner is apprehending his arrest in connection with Tandwa P.S. Case No. 132 of 2025, registered for the offence under Sections 318(4), 316(2) and 3(5) of Bhartiya Nyaya Sanhita, 2023, pending in the court of learned Additional Chief Judicial Magistrate, Chatra. 3. Learned counsel appearing for the petitioner submits that the petitioner happens to be the proprietor of Jai Maa Vaishnavi Roadways Transport. He next submits that from the said transport Company of the petitioner, a truck was hired on which the coal was loaded and the coal was put for Shahjahanpur, in the State of Uttar Pradesh. He further submits that on the said destination, the coal has not reached and it was pilferage. He also submits that the petitioner has only provided the truck and the petitioner has got no role in pilferage of coal and the petitioner is having no criminal antecedent as disclosed in para 15 of the petition. 4. Learned A.P.P. appearing for the State as well as for the informant have jointly opposed the prayer and submits that the coal loaded on the said truck has not reached to the destination. 5. Considering that the petitioner is the proprietor of the Transport Company and only allegation against the petitioner is there that the petitioner has provided the truck for transportation of coal however, the coal has not reached to the destination and the petitioner is having no criminal antecedent and in that view of the matter, the petitioner, named above, is directed to surrender before the learned Court within two weeks from today and the learned Court shall release the petitioner on such terms and conditions or the sureties as the learned Court may deem fit and proper. (Sanjay Kumar Dwivedi, J.) Anit Uploaded 22.04.2026