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2026 DAILYLAW 12260 (JHR)

ABDUL MATIN @ MATIN v. THE STATE OF JHARKHAND

A.B.A./2169/2026 · 2026-05-07

Sanjay Kumar Dwivedi

body2026

Judgment text

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[2026:JHHC:13664] -1- IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 2169 of 2026 Abdul Matin @ Matin aged about 33 years S/o- Abaidur Rahman R/O Udaynarayanpur, P.O. Udaynarayanpur P.S- Pakur (M), District- Pakur (Jharkhand). ..... … Petitioner Versus The State of Jharkhand ..... … Opposite Party -------- CORAM : HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI ------ For the Petitioner : Mr. Md. Yasir Arafat, Advocate. For the State : Mr. P.D. Agarwal, A.P.P. ------ 05/ 07.05.2026 Heard learned counsel for the petitioner and learned A.P.P for the State. 2. The petitioner is apprehending his arrest in connection with Malpahari P.S. Case No. 27 of 2026, registered for the offence under Sections 303(2), 317(2) and 3(5) of Bharatiya Nyaya Sanhita, 2023, Section 4/21 of the Mines and Minerals (Development and Regulation) Act, 1957, Rule-54 of Jharkhand Minor Mineral Concession Rules, 2004, Rule 7/9/13 of the Jharkhand Minerals (Prevention of Illegal Mining Transportation and Storage) Rules, 2017, pending in the court of learned S.D.J.M., Pakur. 3. Learned counsel appearing for the petitioner submits that the petitioner is the owner-cum-driver of a tractor and allegations are made that on the said tractor, 120 CFT stone chips was being carried. He next submits that the petitioner is having no criminal antecedent and disclosure to that effect has been made in para-06 of the petition. He further submits that in the similar circumstance the other co- accused persons have already been provided the privilege of anticipatory bail in A.B.A. Nos. 1742 and 1859 of 2026 by this court. [2026:JHHC:13664] -2- 4. Learned A.P.P. appearing for the State has opposed the prayer and submits that illegally the stone chips was carried on the tractor in question. 5. Considering that the petitioner is the owner-cum-driver of the tractor and the petitioner is having no criminal antecedent and disclosure to that effect has been made in para-06 of the petition and further in the similar circumstance the other co-accused persons have already been provided the privilege of anticipatory bail in the aforementioned A.B.As. and in the attending facts and circumstances of the case, I am inclined to extend the privilege of anticipatory bail to the petitioner. 6. Accordingly, the above-named petitioner is directed to surrender before the learned Court within three weeks from today and in the event of her arrest or surrender, he shall be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Gumla, in connection with Malpahari P.S. Case No. 27 of 2026, subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. (Sanjay Kumar Dwivedi, J.) Dated:-07.05.2026 Amitesh/-