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2026 DAILYLAW 13444 (JHR)

MANOJ MISHRA @ MANOJ KUMAR MISHRA v. THE STATE OF JHARKHAND

A.B.A./2321/2026 · 2026-05-08

Sanjay Kumar Dwivedi

body2026

Judgment text

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2026:JHHC:13944 IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 2321 of 2026 ------ 1. Manoj Mishra @ Manoj Kr. Mishra, aged about 52 years, son of Shri Kartikeshwar Mishra, resident of Village Jalka, P.O. and P.S. Sisai, District Gumla, Jharkhand 2. Sunil Oraon, age 40 years, son of Moro Oraon, resident of Village Jalka, P.O. and P.S. Sisai, District Gumla, Jharkhand .... .... …. Petitioners Versus The State of Jharkhand .... .... .... Opposite Party CORAM : HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI For the Petitioners : Mr. K.S. Nanda, Advocate Ms. Shreya Tiwary, Advocate For the State : Mr. Bishambhar Shastri, A.P.P. ------ 02/08.05.2026 Heard learned counsel for the petitioners and learned counsel for the State. 2. The petitioners are apprehending their arrest in connection with Sisai P.S. Case No. 19 of 2026, registered for the offence under Sections 303(2), 317(5) and 3(5) of Bhartiya Nyaya Sanhita, 2023, Sections 4 and 21 of Mines and Minerals (Development and Regulation) Act, Rules 4 and 54 of Jharkhand Minor and Minerals Concession Rules, 2004 and Rules 7 and 9 of Jharkhand Mineral (Prevention of Illegal Mining, Transportation and Storage) Rule, 2017 pending in the court of learned Sub Divisional Judicial Magistrate, Gumla. 3. Learned counsel appearing for the petitioners submits that the petitioners are nothing to do with the storage of the sand which was kept near the Koyal river. She further submits that petitioners are having no criminal antecedent as disclosed in para 14 of the petition. She also submits that the name of the petitioners have been taken by some of the villagers and even the name of the person, who has taken the name of the petitioners, is not disclosed in the FIR. 4. Learned counsel appearing for the State has opposed the prayer and submits that the villagers have taken the name of the petitioners. 5. On perusal of the FIR, it transpires that said search was said to be near Koyal river and it is alleged that the villagers have taken the name of the petitioners and the name of the person, who 2026:JHHC:13944 has taken the name of the petitioners, is not disclosed in the FIR and further the petitioners are having no criminal antecedent as disclosed in para 14 of the petition and one co-accused in identical situation, has been granted anticipatory bail in A.B.A. No.1833 of 2026, I am inclined to grant anticipatory bail to the petitioner. 6. Accordingly, the above-named petitioners are directed to surrender before the learned court within two weeks from today and in the event of their arrest or surrender, they shall be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Gumla, in connection with Sisai P.S. Case No. 19 of 2026, subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. (Sanjay Kumar Dwivedi, J.) Anit Uploaded 14.05.2026