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2026 DAILYLAW 16651 (JHR)

ANIL ORAON v. THE STATE OF JHARKHAND

A.B.A./3088/2026 · 2026-06-16

Sanjay Kumar Dwivedi

body2026

Judgment text

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( 2026:JHHC:17324 ) -1- A.B.A. No. 3088 of 2026 IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 3088 of 2026 Anil Oraon, aged about 29 years, son of Rama Oraon, resident of Vill.- Khora Bhakuwa, P.O. Khora, P.S. Gumla, District- Gumla … Petitioner -Versus- The State of Jharkhand … Opposite Party ----- CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI ----- For the Petitioner : Mr. Kumar Nishant, Advocate For the State : Mr. Rajneesh Vardhan, A.P.P. ----- 02/16.06.2026 Heard learned counsel appearing for the petitioner and learned counsel appearing for the State. 2. The petitioner is apprehending his arrest in connection with Gumla P.S. Case No.426/2025 dated 24.12.2025, registered for the offence under Sections 303(2) and 317(5) of the BNS, Rules 4 and 54 of JMMC Rules and Rules 7 and 9 of Jharkhand Minerals (Prevention of Illegal Mining, Transportation and Storage) Rules, 2017, pending in the Court of the learned Chief Judicial Magistrate, Gumla. 3. Learned counsel appearing for the petitioner submits that the petitioner happened to be driver of the tractor and there was no sand loaded on the said tractor. He further submits that only the tractor was parked nearby the bank of Koyal river. He then submits that the petitioner earns his livelihood by way of driving the said tractor. He next submits that the petitioner is having no criminal antecedent, as disclosed in paragraph 12 of this application. He also submits that the owner of the tractor has been provided privilege of anticipatory bail by this Court in A.B.A. No.1062 of 2026. 4. Learned counsel appearing for the State opposed the prayer and submits that the petitioner happened to be driver of the tractor and the ( 2026:JHHC:17324 ) -2- A.B.A. No. 3088 of 2026 allegations are there of parking the vehicle nearby the bank of river for loading the sand. 5. Considering that nothing was loaded on the tractor and the petitioner happened to be driver of the tractor and it has been pointed out that the petitioner earns his livelihood by way of driving the tractor and further the owner of the tractor has been granted anticipatory bail by this Court in the aforesaid A.B.A. and the petitioner is having no criminal antecedent, as disclosed in paragraph 12 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 Chief Judicial Magistrate, Gumla in connection with Gumla P.S. Case No.426/2025, subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. (Sanjay Kumar Dwivedi, J.) Dated: 16th June, 2026 Ajay/