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2026 DAILYLAW 15762 (JHR)

AJAY KUMAR v. THE STATE OF JHARKHAND

A.B.A./2684/2026 · 2026-06-08

Sanjay Kumar Dwivedi

body2026

Judgment text

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( 2026:JHHC:16343 ) -1- A.B.A. No. 2684 of 2026 IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 2684 of 2026 Ajay Kumar, aged about 29 years, son of Kameshwar Prasad, resident of Purona Nagr, P.O. Luabasa, P.S. Birsanagar, District- Purbi Singhbhum, Jharkhand … Petitioner -Versus- The State of Jharkhand … Opposite Party ----- CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI ----- For the Petitioner : Mr. Bhaswat Prakash, Advocate For the State : Mr. Prabhu Dayal Agrawal, Spl.P.P. ----- 04/08.06.2026 Heard learned counsel appearing for the petitioner and learned counsel appearing for the State. 2. The petitioner is apprehending his arrest in connection with Bahragora P.S. Case No.80 of 2025, registered for the offence under Sections 303(2), 317(2) and 3(5) of the BNS, Section 4, 21 of MMDR Act, 1957, Rule 4, 54 of JMMC Rules, 2004 and Rules 7 and 13 of Jharkhand Minerals (Prevention of Illegal Mining, Transportation and Storage) Rules, 2017, pending in the Court of the learned Judicial Magistrate, 1st Class, Ghatsila. 3. Learned counsel appearing for the petitioner submits that the allegations are made that the petitioner being the driver of the Hywa, was carrying 800 Cft. sand on the said Hywa. He further submits that the petitioner earns his livelihood by way of driving the said Hywa. He next submits that the petitioner is having no criminal antecedent, as disclosed in paragraph 14 of this application. 4. Learned counsel appearing for the State opposed the prayer and submits that the allegations are there of illegally carrying sand on the said vehicle. ( 2026:JHHC:16343 ) -2- A.B.A. No. 2684 of 2026 5. Considering that the petitioner is the driver of Hywa and it has been pointed out that the petitioner earns his livelihood by driving the said Hywa and he has got no criminal antecedent, as disclosed in paragraph 14 of this application and 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 his 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 Judicial Magistrate, 1st Class, Ghatsila in connection with Bahragora P.S. Case No.80 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: 8th June, 2026 Ajay/