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2026 DAILYLAW 11295 (JHR)

MD SADDAM HUSSAIN v. THE STATE OF JHARKHAND

A.B.A./89/2026 · 2026-01-13

Sanjay Kumar Dwivedi

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2026:JHHC:822 1 IN THE HIGH COURT OF JHARKHAND, RANCHI ---- A.B.A. No. 89 of 2026 ---- 1.Md. Saddam Hussain, aged about 34 years, son of Lt. Khairuddin Miyan, r/o Upar Tola Khetko, P.O. Khetko, P.S. Peterwar, District Bokaro, Jharkhand 2.Md. Abid Hussain @ Md. Abid Ansari, aged about 34 years, son of Md. Idrish Ansari, r/o House No.33, Village Narayanpur, Bhandra, PO Narayanpur, P.S. Nawadih, District Bokaro, Jharkhand .... Petitioners -- Versus -- The State of Jharkhand .... Opposite Party ---- CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI --- For the Petitioners :- Mr. Subhneet Jha, Advocate For the State :- Mr. Fahad Allam, Advocate ---- 2/13.01.2026 Heard learned counsels for petitioners and for State. 2. The petitioners are apprehending their arrest in connection with Balidih P.S. Case No.242 of 2025, for offence registered under sections 317(5) read with 3(5) of BNS, 2023, section 21 of Mines and Minerals (Development and Regulation) Act, 1957, Rule 54 of Jharkhand Mines and Minerals Concessions Rules, 2004 and Rule 13 of Jharkhand Minerals (Prevention of Illegal Mining, Transportation and Storage) Rules, 2017, pending in court of learned Chief Judicial Magistrate, Bokaro. 3. Learned counsel for petitioners submits that the petitioner no.1 and 2 are the owner and driver respectively of two different tractors and the allegations are made that 100 cft sand was loaded on the said vehicles. He next submits that the petitioners have got 2026:JHHC:822 2 no criminal antecedent as disclosed in paragraph no.10 of the petition. 4. Learned State counsel opposes prayer and submits that illegally the sand in question was loaded on both the tractors. 5. Considering that the petitioners are the owner and driver respectively of two different tractors and they have got no criminal antecedent as aforesaid and in course of argument it has been pointed out that the petitioners are earning their livelihood by way of driving the said tractors, I am inclined to grant anticipatory bail to petitioners. 6. Accordingly, both the petitioners, above named, are hereby directed to surrender before learned court within four weeks from today, and in event of their surrender/arrest, petitioners, above named, shall be released on bail, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each, with two sureties of like amount each, to satisfaction of learned Chief Judicial Magistrate, Bokaro, in connection with Balidih P.S. Case No.242 of 2025, subject to the conditions as laid down under section 482(2) of Bhartiya Nagrik Suraksha Sanhita (BNSS), 2023. ( Sanjay Kumar Dwivedi, J.) 13.01.2026 SI/