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2026 DAILYLAW 15869 (JHR)

RABI KUMAR BHAGAT v. THE STATE OF JHARKHAND

A.B.A./2954/2026 · 2026-06-10

Sanjay Kumar Dwivedi

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

( 2026:JHHC:16592 ) IN THE HIGH COURT OF JHARKHAND AT RANCHI A. B. A. No. 2954 of 2026 Rabi Kumar Bhagat, aged about 31 years, son of Lakshman Prasad Bhagat, resident of village Shikaripara, P.O. and P.S. Shikaripara, District-Dumka ...... … Petitioner Versus The State of Jharkhand .…. … Opposite Party -------- CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI For the Petitioners :Mr. N.P. Choudhary, Advocate For the State : Mr. Shiv Shankar Kumar, A.P.P. 02/ 10.06.2026: Heard learned counsel for the petitioners and learned counsel for the State. 2. The petitioner is apprehending his arrest in connection with Dumka (M) P.S. Case No. 65 of 2023 registered under sections 414, 420, 467, 468, 34 of the I.P.C, section 4/21 of MMDR Act and Rule 4/54 of Jharkhand Minor Minerals Concession Rules, 2004 and Rules 9/13 of Jharkhand Minerals (Prevention of Illegal Mining Transportation and Storage) Rules, 2017 pending in the Court of learned C.J.M, Dumka. 3. Learned counsel for the petitioners submits that petitioner is neither owner nor driver of the truck and allegations are made that on the said truck stone chips were being carried out in absence of valid challan. He next submits that agent has taken the name of the petitioner who has booked the stope chips on the said truck. He next submits that petitioner has replied notice under section 41-A of Cr.P.C. He further submits that co- accused persons have been granted anticipatory bail in A.B.A. No. 8297 of 2023, A.B.A. No. 8336 of 2023 and A.B.A. No. 7703 of 2024 by the Co- ordinate Bench of this Court. On these grounds, he submits that the petitioner may kindly be provided privilege of anticipatory bail. 4. Learned counsel for the State opposes the prayer and submits that on the basis of forged challan stone chips were being carried. ( 2026:JHHC:16592 ) 5. The challan in Form-B which is part of F.I.R itself however that is disputed by the prosecution and that is matter of investigation. The petitioner is neither owner nor driver of the truck. The petitioner is not named in F.I.R and his name has been taken by an agent who has booked the said stone chips on the said truck and co-accused persons have been granted anticipatory bail in the aforesaid A.B.As. 6. In the attending facts and circumstances of the case, I am inclined to grant anticipatory bail to the petitioner. Accordingly, the above named, petitioner is directed to surrender before the learned court within three weeks from today and in the event of his surrender / arrest, the petitioner shall be released on bail, on furnishing bail bonds of Rs. 25,000/- (twenty five thousand) each with two sureties of the like amount each, to the satisfaction of learned C.J.M, Dumka, in connection with Dumka (M) P.S. Case No. 65 of 2023, subject to conditions as laid down under Section 482 (2) of B.N.S.S, 2023. Dt.10.06.2026 ( Sanjay Kumar Dwivedi, J.) satyarthi-