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2026 DAILYLAW 1259 (JHR)

BAIJNATH YADAV v. THE STATE OF JHARKHAND

A.B.A./1019/2026 · 2026-03-16

Sanjay Kumar Dwivedi

body2026

Judgment text

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2026:JHHC:6965 --1-- A.B.A. No. 1019 of 2026 IN THE HIGH COURT OF JHARKHAND, RANCHI A.B.A. No. 1019 of 2026 ---- Baijnath Yadav, aged about 34 years, son of Jago Yadav, resident of Sonaraithari, PO – Sonaraithari, PS – Sarwan, District – Deoghar, Jharkhand .... Petitioner -- Versus -- The State of Jharkhand .... Opposite Party ---- CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI --- For the Petitioner :- Mr. Mahesh Tewari, Advocate :- Mr. Suman Kumar, Advocate For the State :- Mr. Prabir Kr. Chatterjee, Advocate ---- 04/16.03.2026 Heard learned counsel appearing for the petitioner as well as the learned counsel appearing for the State. 2. The petitioner is apprehending his arrest in connection with Littipara P.S. Case No.62 of 2025 for the alleged offences registered under Section 317(5) of Bharatiya Nyaya Sanhita, 2023, Section 4 and 21 of Mines and Minerals (Development & Regulation) Act, 1957, Rule 7, 9 and 13 of Jharkhand Minerals (Prevention of Illegal Mining Transportation and Storage) Rule, 2017 and Section 30(ii) of Coal Mines (Nationalisation) Act, pending in the Court of learned A.C.J.M., Pakur. 3. Learned counsel appearing for the petitioner submits that the petitioner happened to be driver of the seized truck bearing Registration No. JH-10CK-6685 and the allegations are made that 800 cft. coal was loaded in the said truck. He further submits that the said truck was on the way to weighing machine, however, in the 2026:JHHC:6965 --2-- A.B.A. No. 1019 of 2026 meantime truck was intercepted. He then submits that after weighing only the documents are being provided to the transporters. He next submits that minerals challan have been seized by the police and that has been stated in paragraph No.7 of the present petition. He also submits that the petitioner has got no criminal antecedent as disclosed in paragraph No.10 of the petition. He submits that owner of the said truck has been granted anticipatory bail in ABA No.672 of 2026. 4. Learned counsel appearing for the State opposed the prayer and submits that in absence of any valid document the coal was loaded in the said truck. 5. Considering that the petitioner happened to be driver of the said truck and it has been pointed out that the said truck was on the way to weighing machine when the truck was intercepted and the owner of the said truck has been granted anticipatory bail in the aforesaid ABA and the petitioner has got no criminal antecedent as disclosed in paragraph No.10 of the petition and in that view of the matter the petitioner is directed to surrender before the learned Court within two weeks and the learned Court shall release the petitioner on such terms and conditions or the sureties as the learned Court may deem fit and proper. (Sanjay Kumar Dwivedi, J.) Dated 16.03.2026 Sangam/