PREM SHARMA ALIAS PREM KUMAR v. THE STATE OF JHARKHAND
A.B.A./892/2026 · 2026-02-18
Sanjay Kumar Dwivedi
body2026
DailyLaw.ai
[ 2026 DAILYLAW 1251 (JHR) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 1251 (JHR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
( 2026:JHHC:4683 )
IN THE HIGH COURT OF JHARKHAND AT RANCHI A. B. A. No. 892 of 2026
1. Prem Sharma @ Prem Kumar aged about 31 years, son of Shailendra Kumar Sharma, resident of village Bhimkanali, P.O. Baghmara, P.s. Bhimkanali, District-Dhanbad, Jharkhand
2. Binayak Singh @ Binayak Kumar, aged about 66 years, son of Braj Kishor Kumar, resident of village B-1, Phase-1, Industrial Area, Near Old UBI, P.O. and P.S. Balidih, District-Bokaro, Jharkhand
3. Md. Firoz Alam @ Firoj @ Firoj Alam, aged about 39 years, son of Abdul Sattar Ansari, resident of Gundhata, P.O. and P.S. Gundhata, District- Dhanbad, Jharkhand ...... … Petitioners
Versus The State of Jharkhand .…. … Opposite Party
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CORAM:
HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI For the Petitioners
:Mr. Manoj Prasad, Advocate
Ms. Jyoti Kumari, Advocate For the State : Mrs. Nehala Sharma, Spl. P.P. (through V.C.)
02/ 18.02.2026: Heard learned counsel for the petitioners and learned counsel for the State through V.C.
2. The petitioners are apprehending their arrest in connection with Birni P.S. Case No. 40/2204 registered under sections 414/175 and 34 of I.P.C and Rule 9 of Jharkhand Minerals Prevention of Illegal Mining, Transportation and Storage Rules and Section 4/54 of JMMC Rule, pending in the Court of learned C.J.M, Giridih.
3.
Learned counsel for the petitioners submits that allegations are made that 1000 cft sand 4000 cft stone chips were stored. He next submits that a tender for widening and strengthening of Domanpahari to Chauglidhurgargi vis Vijaydih Road in K.M. 0 to 21.265 for year 2018-19 was floated pursuant to that East India Construcition Company, Jodhadih More, Chas, Bokaro Steel City, Bokaro was provided the said tender and for construction of the said road stone chips and sand were stored and petitioner no.1 is supervisor and petitioner nos. 2 and 3 are petty contractors of the said company. He next submits that in the light of provisions of Mines and Minerals (Development and Regulation) Act, 1957 and Jharkhand Minor Minerals Concession Amendment Rules, 2017 the Circle Officer is not competent to lodge F.I.R. On these grounds, he submits that the petitioners may kindly be provided privilege of anticipatory bail.
( 2026:JHHC:4683 )
4.
Learned counsel for the State appearing through Video Conferencing opposes the prayer and submits that allegations are there of storing stone chips and sand illegally and the petitioners are not cooperating in the investigation.
5.
In reply, learned counsel for the petitioners submits that the petitioners will cooperate in the investigation.
6.
Annexure-2 is the document which suggests that a tender for widening and strengthening of Domanpahari to Chauglidhurgargi vis Vijaydih Road in K.M. 0 to 21.265 for year 2018-19 was floated pursuant to that East India Construction Company, Jodhadih More, Chas, Bokaro Steel City, Bokaro was provided work and petitioner no.1 is the supervisor and the petitioner nos. 2 and 3 are petty contractors of the said company and in that view of the matter, petitioners are directed to surrender before the learned court within two weeks from today and the learned court shall release the petitioners on terms and conditions and sureties as learned court deems fit and proper.
7. This anticipatory bail application is disposed of.
Dt.18.02.2026
( Sanjay Kumar Dwivedi, J.) satyarthi-