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2026 DAILYLAW 12631 (JHR)

MD.SARIF SHEKH @ MD. SHARIF SK v. STATE OF JHARKHAND

A.B.A./2422/2026 · 2026-05-12

Sanjay Kumar Dwivedi

body2026

Judgment text

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2026:JHHC:14396 --1-- A.B.A. No. 2422 of 2026 IN THE HIGH COURT OF JHARKHAND, RANCHI A.B.A. No. 2422 of 2026 ---- 1. Md. Sarif Shekh @ Md. Sharif Sk, aged about 24 years, son of Faimul Sk, resident of panchayat Prithibinagar, PO and PS – Prithbinagar, District – Pakur, Jharkhand 2. Md. Yusuf Shekh @ Md. Yusuf Ali, aged about 27 years, son of Md. Afsar Ali, resident of village – Sahebnagar, PO – Bhasaipaikar, PS – Samserganj, District – Murshidabad, West Bengal 3. Senaul Shekh, aged about 34 years, son of Anisur Rahman, resident of panchayat Manirampur, PS – Manirampur, PS – Pakur, District – Pakur, Jharkhand .... Petitioners -- Versus -- The State of Jharkhand .... Opposite Party ---- CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI --- For the Petitioners :- Mr. Rajiv Ranjan, Advocate For the State :- Mr. Rakesh Kr. Sinha, Advocate ---- 02/12.05.2026 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 Pakur (Town) P.S. Case No.76 of 2026, for the alleged offences registered under Sections 317(2), 303(2), 336(3), 340(2) and 3(5) of Bharatiya Nyaya Sanhita, 2023, Sections 4 and 21 of Mines and Minerals (Development & Regulation) Act, 1957, Rule 4, 54 of Jharkhand Minor Mineral Concession Rules, 2004 and under Rule 7, 9 and 13 of Jharkhand Minerals (Prevention of Illegal Mining 2026:JHHC:14396 --2-- A.B.A. No. 2422 of 2026 Transportation and Storage) Rule, 2017 pending in the Court of learned C.J.M., Pakur. 3. Learned counsel appearing for the petitioners submits that the petitioners are owner of three different trucks and the allegations are made of loading stone chips on the said trucks. He further submits that the petitioner Nos.1 and 2 are having no criminal antecedent and petitioner No.3 is having one criminal antecedent of different nature. He then submits that allegations are made that in absence of any valid challan stone chips were being carried. He next submits that challans were there which is part of the FIR. On these grounds, he submits that anticipatory bail may kindly be granted. 4. Learned counsel appearing for the State opposed the prayer and submits that illegally stone chips were being carried in absence of any challan. 5. Transport challan in Form D is the part of the FIR, however, that is disputed by the prosecution and the petitioners are said to be owner of the said hywa trucks and petitioner Nos.1 and 2 are having no criminal antecedent and petitioner No.3 is having one criminal antecedent of different nature, 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 2026:JHHC:14396 --3-- A.B.A. No. 2422 of 2026 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 C.J.M., Pakur in connection with Pakur (Town) P.S. Case No.76 of 2026, subject to the conditions as laid down under Section 482(2) of Bharatiya Nagarik Suraksha Sanhita, 2023. (Sanjay Kumar Dwivedi, J.) Dated 12.05.2026 Sangam/