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2026 DAILYLAW 11920 (JHR)

RAJU SAW v. THE STATE OF JHARKHAND

A.B.A./2175/2026 · 2026-05-07

Sanjay Kumar Dwivedi

body2026

Judgment text

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[2026:JHHC:13652] -1- IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 2175 of 2026 1. Raju Saw, S/o Karu Saw, aged about 39 years. 2. Pradip Yadav @ Pradip Gope, S/o Prem Gope, aged about 49 years. 3. Shibu Gope, S/o Prem Gope, aged about 42 years. 4. Rajan Kumar @ Topariya, S/o Meghan Ram, aged about 26 years. 5. Chhatri Gope, S/o Dhanu Gope, aged about 57 years. All are residents of Krishna Nagar, Masratu, P.O. Rewali, P.S. Katkamdag, District Hazaribag (Jharkhand) PIN-825302. ..... … Petitioners Versus 1. The State of Jharkhand. 2. The Union of India, through Eastern Railway, Dhanbad, P.O. and P.S.-Dhanbad, District Dhanbad. ..... … Opposite Parties -------- CORAM : HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI ------ For the Petitioners : Mr. Ramchander Sahu, Advocate. For the State : Mr. V.K. Vashistha, A.P.P. For the Railway : Mr. H.K. Mahto, C.G.C. ------ 06/ 07.05.2026 Heard learned counsel for the petitioners, learned A.P.P for the State and learned CGC appearing for the Railway. 2. The petitioners are apprehending their arrest in connection with Hazaribagh Town RPF Post Case No. 03 of 2025, registered for the offence under Sections 3/4 of R.P. (U.P.) Act and Section 174(c) of Railway Act, pending in the court of learned Judicial Magistrate, Railway Court, Dhanbad. 3. Learned counsel appearing for the petitioners submits that the allegations are made that certain persons were collecting the coal from the railway line. He next submits that false allegations are made of stopping the goods train and collecting coal from the said train. He further submits that the name of the petitioners has come on the basis [2026:JHHC:13652] -2- of suspicion. He also submits that the petitioners are having no criminal antecedent and disclosure to that effect has been made in para- 10 of the petition. 4. Learned A.P.P. appearing for the State and learned CGC appearing for the Railway jointly opposed the prayer and submit that the allegations are there of taking coal from the side of the Railway. 5. Although, in the FIR, it has been alleged that on getting the information that a goods train was stopped and some persons were taking coal from the goods train, the investigating team proceeded towards the place of occurrence, however, before reaching to the said place the train has already moved and it has been found that some bags of coal were lying by the side of the railway track and only on the basis of suspicion, the name of the petitioners has come and further the petitioners are having no criminal antecedent and disclosure to that effect has been made in para-10 of the petition. 6. In the attending facts and circumstances of the case, I am inclined to grant anticipatory bail to the petitioners, above named. 7. Accordingly, the petitioners, named above, are directed to surrender before the learned court within three weeks from today and in the event of their surrender / arrest, the petitioners shall be released on bail, on furnishing bail bonds of Rs. 25,000/- (twenty five thousand) each with two sureties of the like amount each, to the satisfaction of learned Judicial Magistrate, Railway Court, Dhanbad, in connection with Hazaribagh Town RPF Post Case No. 03 of 2025, subject to conditions as laid down under Section 482 (2) of Bharatiya Nagarik Suraksha Sanhita, 2023. (Sanjay Kumar Dwivedi, J.) Dated:-07.05.2026 Amitesh/-