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2026 DAILYLAW 16625 (JHR)

NEHRU KUMAR PASWAN v. THE STATE OF JHARKHAND

A.B.A./3069/2026 · 2026-06-15

Sanjay Kumar Dwivedi

body2026

Judgment text

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( 2026:JHHC:17250 ) -1- A.B.A. No. 3069 of 2026 IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 3069 of 2026 Nehru Kumar Paswan, age about 36 years, son of Saryu Ram, resident of Village- Jainagar, P.O. & P.S. Jainagar, District- Koderma … Petitioner -Versus- The State of Jharkhand … Opposite Party ----- CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI ----- For the Petitioner : Mr. Manoj Kumar No.2, Advocate For the State : Mr. Prabhu Dayal Agrawal, Spl.P.P. ----- 02/15.06.2026 Heard learned counsel appearing for the petitioner and learned counsel appearing for the State. 2. The petitioner is apprehending his arrest in connection with Jainagar P.S. Case No.16/2026, registered for the offence under Sections 317(4), 132, 221, 3(5) of the BNS and Rule 13 of Jharkhand Minerals (Prevention of Illegal Mining, Transportation and Storage) Rules, 2017 and Rule 54 of Jharkhand Minor Mineral Concession Rules, pending in the Court of the learned S.D.J.M., Koderma. 3. Learned counsel appearing for the petitioner submits that the petitioner happened to be driver of the tractor and he earns his livelihood by driving the vehicle. He further submits that the allegations are made of carrying sand, however, quantity of sand is not disclosed in the FIR. He next submits that the petitioner is having no criminal antecedent, as disclosed in paragraph 13 of this application. 4. Learned counsel appearing for the State opposed the prayer and submits that illegally the sand was being carried. 5. Considering that the petitioner is the driver and he earns his livelihood by way of driving the tractor and he has got no criminal antecedent, as ( 2026:JHHC:17250 ) -2- A.B.A. No. 3069 of 2026 disclosed in paragraph 13 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 S.D.J.M., Koderma in connection with Jainagar P.S. Case No.16/2026, subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. (Sanjay Kumar Dwivedi, J.) Dated: 15th June, 2026 Ajay/