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2026 DAILYLAW 12405 (JHR)

PRABHAKAR MAHTO ALIAS PRABHAKAR MAHATO v. THE STATE OF JHARKHAND

A.B.A./2534/2026 · 2026-05-14

Sanjay Kumar Dwivedi

body2026

Judgment text

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2026:JHHC:14835 --1-- A.B.A. No. 2534 of 2026 IN THE HIGH COURT OF JHARKHAND, RANCHI A.B.A. No. 2534 of 2026 ---- 1. Prabhakar Mahto @ Prabhakar Mahato, aged 31 years, S/o Mohan Mahto, R/o H. No.18, village – Gobindpur, Suklara, PO – Suklara, PS – Ghatshila, District – East Singhbhum, Jharkhand 2. Tapan Kumar Giri @ Tapan Giri, aged 39 years, S/o Budhi Giri, R/o village – Mahuli, Kesharda, PO and PS – Bahragora, District – East Singhbhum, Jharkhand 3. Ajay Singh, aged 46 years, S/o Morli Singh, R/o Daldali, Jamshedpur, Lukai, Kanali, Suklara, PO – Suklara, PS – Ghatshila, District – East Singhbhum, Jharkhand .... Petitioners -- Versus -- The State of Jharkhand .... Opposite Party ---- CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI --- For the Petitioners :- Mr. Chandrajit Mukherjee, Advocate For the State :- Mr. Prabir Kr. Chatterjee, Advocate ---- 02/14.05.2026 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 Dhalbhumgarh P.S. Case No.56 of 2025, for the alleged offences registered under Sections 303(2), 317(2) and 3(5) of Bharatiya Nyaya Sanhita, 2023, Section 4/21 of Mines and Minerals (Development & Regulation) Act, 1957, Rule 54 of Jharkhand Minor Mineral Concession Rules, 2004 and under Rule 7/9/13 of Jharkhand Minerals (Prevention of Illegal Mining Transportation and Storage) Rule, 2017 pending in the Court of learned A.C.J.M., Ghatsila. 3. Learned counsel appearing for the petitioners submits that 2026:JHHC:14835 --2-- A.B.A. No. 2534 of 2026 petitioners are driver of three different trucks and the allegations are made of carrying 600 cft. sand on each of the trucks. He further submits that so far petitioner Nos.1 and 2 are concerned they are having no criminal antecedent. He then submits that he is not knowing about the criminal antecedent of petitioner No.3. 4. Learned counsel appearing for the State opposed the prayer and submits that illegally sand was being carried in the said trucks and even petitioner No.3 is having criminal antecedent. 5. Considering that petitioners are drivers and it has been pointed out that they earn their livelihood by way of driving the said trucks, 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 A.C.J.M., Ghatsila in connection with Dhalbhumgarh P.S. Case No.56 of 2025, 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 Sangam/