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2026 DAILYLAW 16653 (JHR)

JHATAN MAHLI v. THE STATE OF JHARKHAND

A.B.A./3104/2026 · 2026-06-16

Sanjay Kumar Dwivedi

body2026

Judgment text

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2026:JHHC:17346 1 IN THE HIGH COURT OF JHARKHAND, RANCHI ---- A.B.A. No. 3104 of 2026 ---- Jhatan Mahli, aged about 55 years, son of late Etwa Mahli, resident of Village Jalka, PO and PS Sisai, District Gumla, Jharkhand .... Petitioner -- Versus -- The State of Jharkhand .... Opposite Party ---- CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI --- For the Petitioner :- Ms Rashika Bhardwaj, Advocate For the State :- Mr. Pankaj Kr Mishra, Advocate ---- 2/16.06.2026 Heard learned counsels for petitioner and for State. 2. The petitioner is apprehending his arrest in connection with Sisai PS Case No.19 of 2026, for offence registered under section 303(2), 317(5), 3(5) of BNS, 2023, Section 4 and 21 of Mines and Minerals (Development and Regulation) Act, 1957, Rules 4 and 54 of Jharkhand Minor Minerals Concessions Rules, 2004 and Rules 7 and 9 of JMMTS Rules, 2017, pending in court of learned Sub Divisional Judicial Magistrate, Gumla. 3. Learned counsel for petitioner submits that the petitioner has been falsely implicated in this case and only on suspicion the petitioner’s name has come. She next submits that allegation of storing the coal in question near Koyal river is not correct and the petitioner has nothing to do with the storing the coal near the Koyal river. She also submits that the petitioner has got no criminal antecedent as disclosed in paragraph no.14 of the petition. She next submits that co-accused persons have been granted anticipatory 2026:JHHC:17346 2 bail in ABA Nos.1833 of 2026 and 2321 of 2026. 4. Learned State counsel opposes prayer and submits that name of the petitioner has come on suspicion and huge quantity of coal was stored. 5. Considering that name of the person who has taken the name of the petitioner has not been disclosed in the FIR and further in identical situation the co-accused persons have been granted anticipatory bail as aforesaid and storing of the coal has been denied by the petitioner and further the petitioner has got no criminal antecedent as aforesaid, I am inclined to grant anticipatory bail to petitioner. 6. Accordingly, petitioner, above named, is hereby directed to surrender before learned court within three weeks from today, and in event of his surrender/arrest, petitioner, above named, shall be released on bail, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand), with two sureties of like amount each, to satisfaction of learned Sub Divisional Judicial Magistrate, Gumla, in connection with Sisai PS Case No.19 of 2026, subject to the conditions as laid down under section 482(2) of Bhartiya Nagrik Suraksha Sanhita (BNSS), 2023. ( Sanjay Kumar Dwivedi, J.) 16.06.2026 SI/