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2026 DAILYLAW 18176 (JHR)

ALIUL SHAIKH v. THE STATE OF JHARKHAND

A.B.A./3448/2026 · 2026-06-29

Sanjay Kumar Dwivedi

body2026

Judgment text

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[2026:JHHC:18881] -1- IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 3448 of 2026 1. Aliul Shaikh, aged about 34 years, son of Tajamul Sheikh, 2. Sadekul Shekh @ Sadekul Sk, aged about 31 years, son of Raju Shekh, both are residents of village 140 Gram Panchayat Udaynarayanpur, P.O. Jhikarhati, P.S. Pakur, district Pakur, Jharkhand. ..... … Petitioners Versus The State of Jharkhand ..... … Opposite Party -------- CORAM : HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI ------ For the Petitioners : Mrs. Aanya, Advocate : Mr. Rajiv Ranjan, Advocate. For the State : Mr. B. Shastri, A.P.P. ------ 03/ 29.06.2026 Heard learned counsel for the petitioners and learned A.P.P for the State. 2. The petitioners are apprehending their arrest in connection with Pakur Mufassil P.S. Case No. 60 of 2026, for the alleged offences registered under Sections 303(2) and 3(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 7/9/13 of the Jharkhand Minerals (Prevention of Illegal Mining Transportation and Storage) Rules, 2017, pending in the Court of learned S.D.J.M., Pakur. 3. Learned counsel appearing for the petitioners submits that the petitioner No. 1 is owner and petitioner No. 2 is driver of a hywa vehicle and it has been alleged that 1150 CFT stone chips were being carried on the said hywa. She next submits that on the basis of valid challan, the same was carried, however, that has been disputed and FIR has been lodged. She further submits that the petitioners are having no [2026:JHHC:18881] -2- criminal antecedent and disclosure to that effect has been made in para- 21 of the petition. 4. Learned A.P.P appearing for the State has opposed the prayer and submits that illegally the stone chips were being carried on the hywa in question. 5. Considering that both these petitioners are owner and driver respectively of a hywa vehicle and allegations are made of carrying stone chips on the said vehicle without having the valid challan and further in the FIR itself, the transport challan in Form-D and tax invoice have been annexed, however, that documents have been disputed, but the said documents can be the subject matter of investigation or trial and further the petitioners are having no criminal antecedent and disclosure to that effect has been made in para-21 of the petition, I am inclined to provide anticipatory bail to the petitioners. 6. Accordingly, the petitioners, above named, are hereby directed to surrender before the learned Court within three weeks from today, and in the event of their surrender/arrest, the petitioners, above named, shall be released on bail, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each, with two sureties of the like amount each, to the satisfaction of learned S.D.J.M. Pakur, in connection with Pakur Mufassil P.S. Case No. 60 of 2026, subject to the conditions as laid down under Section 482(2) of Bharatiya Nagarik Suraksha Sanhita, 2023. (Sanjay Kumar Dwivedi, J.) Dated:-29.06.2026 Amitesh/-