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2026 DAILYLAW 15901 (JHR)

DAYANAND MAHTO v. THE STATE OF JHARKHAND

A.B.A./2947/2026 · 2026-06-09

Sanjay Kumar Dwivedi

body2026

Judgment text

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[ 2026:JHHC:16489] -1- IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 2947 of 2026 Dayanand Mahto, aged about 21 years, S/o Sahodar Mahto, R/o Village-Basahatu, Rahe, P.O. B. Nawadih, P.S. Rahe, District Ranchi. ..... … Petitioner Versus The State of Jharkhand ..... … Opposite Party -------- CORAM : HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI ------ For the Petitioner : Mr. Anmol Deepak, Advocate. For the State : Mr. B. Shastri, A.P.P. ------ 03/ 09.06.2026 Heard learned counsel for the petitioner and learned A.P.P for the State. 2. The petitioner is apprehending his arrest in connection with Rahe P.S. Case No. 10 of 2025, registered for the offence under Sections 303(2) and 317(5) of Bharatiya Nyaya Sanhita, 2023, Rule- 4/54 of Jharkhand Minor Mineral Concession Rules, 2004, Section 4/21 of the Mines and Minerals (Development and Regulation) Act, 1957, , Rule 13 of the Jharkhand Minerals (Prevention of Illegal Mining Transportation and Storage) Rules, 2017, pending in the court of learned Judicial Magistrate, 1st Class-XXX, Ranchi. 3. Learned counsel appearing for the petitioner submits that the petitioner is neither the owner nor the driver of the truck in question and it has been alleged that sand was being carried in the said truck. He next submits that some persons have taken the name of this petitioner and thereafter he has received the notice under Section 35(3) Bharatiya Nagarik Suraksha Sanhita, 2023. He then submits that the petitioner is having no criminal antecedent and disclosure to that effect has been made in para-04 of the petition. He also submits that the other [ 2026:JHHC:16489] -2- co-accused persons have already been provided the privilege of anticipatory bail in A.B.A. No. 2317 of 2025 by the co-ordinate bench. 4. Learned A.P.P. appearing for the State has opposed the prayer and submits that illegally the sand was carried on the said truck. 5. Considering that the petitioner has not been named in the FIR and subsequently the petitioner has received the notice under Section 35(3) of Bharatiya Nagarik Suraksha Sanhita, 2023 and further the petitioner is neither the owner nor the driver of the truck in question and further the petitioner is having no criminal antecedent and disclosure to that effect has been made in para-04 of the petition and the other co-accused persons have already been provided the privilege of anticipatory bail by the co-ordinate bench, 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 her 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-XXX, Ranchi, in connection with Rahe P.S. Case No. 10 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:-09.06.2026 Amitesh/-