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2026 DAILYLAW 11949 (JHR)

LAL MAHAMMAD v. THE STATE OF JHARKHAND

A.B.A./2304/2026 · 2026-05-08

Sanjay Kumar Dwivedi

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

( 2026:JHHC:13807 ) IN THE HIGH COURT OF JHARKHAND AT RANCHI A. B. A. No. 2304 of 2026 1. Lal Mahammad, aged about 40 years, son of Mainul Haque, resident of village Hosenagar, P.O. Tinpakuria, P.S. Murshidabad, District- Murshidabad, West Bengal 2. Mafuj Alam, aged about 40 years, son of Majibur Rahman, resident of village Gopalnagar, P.O. and P.S. Mahadeo Nagar, District-Murshidabad, West Bengal. ...... … Petitioners Versus The State of Jharkhand .…. … Opposite Party -------- CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI For the Petitioners :Mr. Aman Ali, Advocate For the State : Mr. Prabir Kr. Chatterjee, Spl.P.P. 02/ 08.05.2026: Heard learned counsel for the petitioners and learned counsel for the State. 2. The petitioners are apprehending their arrest in connection with Masalia P.S. Case No. 88 of 2025 registered under sections 303(2), 317(2) of BNS and section 4/21 of MMDR Act, 1957 and Rules 9/13 Jharkhand Minerals (Prevention of illegal Mining Transportation and Storage) Rules, 2017 pending in the Court of learned S.D.J.M, Dumka. 3. Learned counsel for the petitioners submits that petitioner no.1 is owner and petitioner no. 2 is driver of hywa truck and allegations are made that on the forged challan, coal was being carried out. He next submits that challan was already part of F.I.R. He submits that petitioners have got no criminal antecedent which is disclosed in para 19 of the petition. On these grounds, he submits that the petitioners may kindly be provided privilege of anticipatory bail. 4. Learned counsel for the State opposes the prayer and submits that on the basis of forged challan coal was being carried. 5. The challan in Form-B which is part of F.I.R itself however that is disputed by the prosecution. The petitioners are owner and driver ( 2026:JHHC:13807 ) respectively of the hywa truck and they have got no criminal antecedent which is disclosed in para 19 of the petition. 6. In the attending facts and circumstances of the case, I am inclined to grant anticipatory bail to the petitioners. Accordingly, the above named, petitioners 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 S.D.J.M, Dumka, in connection with Masalia P.S. Case No. 88 of 2025, subject to conditions as laid down under Section 482 (2) of B.N.S.S, 2023. Dt.08.05.2026 ( Sanjay Kumar Dwivedi, J.) satyarthi-