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2026 DAILYLAW 12409 (JHR)

VIJAY KUMAR SAHU v. THE STATE OF JHARKHAND

A.B.A./2245/2026 · 2026-05-06

Sanjay Kumar Dwivedi

body2026

Judgment text

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[ 2026:JHHC:13494] -1- IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 2245 of 2026 Vijay Kumar Sahu, aged about 45 years, S/o Arjun Sahu, R/o Village- Parmath Nagar Tupudana, P.O.- R.K. Mission Tupudana, P.S- Hatiya, District- Ranchi (Jharkhand). ..... … Petitioner Versus The State of Jharkhand ..... … Opposite Party -------- CORAM : HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI ------ For the Petitioner : Mr. Sidhartha Roy, Advocate. For the State : Mr. P.K. Chatterjee, A.P.P. ------ 05/ 06.05.2026 Heard learned counsel for the petitioner and learned A.P.P for the State. 2. The petitioner is apprehending his arrest in connection with Senha P.S. Case No. 78 of 2025, registered for the offence under Sections 303(2) and 317(2) of Bharatiya Nyaya Sanhita, 2023, Rule 7/13 of the Jharkhand Minerals (Prevention of Illegal Mining Transportation and Storage) Rules, 2017, Rule-4/54 of Jharkhand Minor Mineral Concession Rules, 2004, Section 4/21 of the Mines and Minerals (Development and Regulation) Act, 1957 and Section 26 of NGT Act , pending in the court of learned S.D.J.M., Lohardaga. 3. Learned counsel appearing for the petitioner submits that the allegations are made that in the closed factory premises of the petitioner, 6000 CFT sand was stored. He next submits that the factory of the petitioner was closed in the year 2023 itself and one certificate proceeding was initiated and in the said proceeding, the petitioner was directed to deposit the fine of Rs. 8,55,000/- and thereafter the petitioner has already deposited the said fine and on the same story, the present case has been lodged. On these grounds, he submits that [ 2026:JHHC:13494] -2- anticipatory bail may kindly be provided to the petitioner. 4. Learned A.P.P. appearing for the State has opposed the prayer and submits that the allegations are there of illegally storing the sand in the factory premises of the petitioner. On this ground, he submits that anticipatory bail may kindly be rejected. 5. Annexure-3 is a document of District Mining Officer, Lohardaga, which suggests that the factory of the petitioner was closed and Annexure-4 is a document. i.e. the order of the certificate case, by which, the petitioner was directed to pay the fine of Rs. 8,55,000/- and in the said order itself, it has been stated that the petitioner has already deposited the fine amount. 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 S.D.J.M., Lohardaga, in connection with Senha P.S. Case No. 78 of 2025, subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. (Sanjay Kumar Dwivedi, J.) Dated:-06.05.2026 Amitesh/-