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2026 DAILYLAW 11743 (JHR)

RAHAMAN MIYA v. THE STATE OF JHARKHAND

A.B.A./2564/2026 · 2026-05-14

Sanjay Kumar Dwivedi

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. ( 2026:JHHC:14973 ) --1-- IN THE HIGH COURT OF JHARKHAND, RANCHI A.B.A. No. 2564 of 2026 ---- 1. Rahaman Miya, aged about 61 years, S/o late Ali Miya, R/o Bhalutand B- Dhanwar, P.O.- Doranda, P.S.- Dhanwar, District- Giridih 2. Binod Saw, aged about 42 years, S/o Lalka Saw, R/o Palmo, P.O. Palmo, P.S.- Giridih (M), District- Giridih .... Petitioners -- Versus -- The State of Jharkhand .... Opposite Party ---- CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI --- For the Petitioners :- Mr. Prashant Kumar Rai, Advocate For the State :- Mr. P. K. Chatterjee, Spl. P.P. ---- 04/14.05.2026 Heard learned counsel appearing for the petitioners as well as the learned counsel appearing for the State. 2. The petitioners are apprehending their arrest in connection with Giridih (M) P.S. Case No.29 of 2026, for the alleged offences registered under Sections 303(2), 3(5) of Bharatiya Nyaya Sanhita, 2023, Section 4, 21(1)/21(6)/22 of the J.M.M.R.D. Act, Rule 4, 54, 7 of Jharkhand Minor Mineral Concession Rules, 2004 and Rule 7, 9 of Jharkhand Minerals (Prevention of Illegal Mining Transportation and Storage) Rule, 2017, pending in the Court of learned S.D.J.M., Giridih. 3. Learned counsel appearing for the petitioners submits that the petitioner No.1 is the owner and petitioner No.2 is the driver of the tractor and the allegations are made that 100 cft. of sand was being loaded in the said tractor. He next submits that on the Neutral Citation No. ( 2026:JHHC:14973 ) --2-- authority of the Mukhiya for the purpose of Abua Awas, the sand was being carried out. 4. Learned counsel appearing for the State opposes the prayer and submits that illegally sand was being carried in the said tractor. 5. Considering that annexure-3 is the letter dated 03.02.2026 of the Mukhiya, Palmo Gram Panchayat to suggests that the petitioners were requested to carry the sand, I am inclined to provide anticipatory bail to the petitioners. 6. Accordingly, the petitioners, above named, are hereby directed to surrender before the learned Court within three weeks from today, and in the event of their surrender/arrest, the 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 the like amount each, to the satisfaction of learned S.D.J.M., Giridih, in connection with Giridih (M) P.S. Case No.29 of 2026, subject to the conditions as laid down under Section 482(2) of Bharatiya Nagarik Suraksha Sanhita, 2023. (Sanjay Kumar Dwivedi, J.) Dated 14.05.2026 Jay/