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2026 DAILYLAW 19093 (JHR)

ANAND MAHTO v. THE STATE OF JHARKHAND

A.B.A./3529/2026 · 2026-07-06

Sanjay Kumar Dwivedi

body2026

Judgment text

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2026:JHHC:19675 --1-- A.B.A. No. 3529 of 2026 IN THE HIGH COURT OF JHARKHAND, RANCHI A.B.A. No. 3529 of 2026 ---- Anand Mahto, aged about 39 years, son of Sunil Mahato, resident of Panchayat Cheliyama, PO and PS – Nimdih, District – Seraikella-Kharsawan .... Petitioner -- Versus -- The State of Jharkhand .... Opposite Party ---- CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI --- For the Petitioner :- Mr. Jitendra Nath Upadhyay, Advocate For the State :- Mr. Prabhu Dayal Agrawal, Advocate ---- 02/06.07.2026 Heard learned counsel appearing for the petitioner as well as the learned counsel appearing for the State. 2. The petitioner is apprehending his arrest in connection with Galudih P.S. Case No.04 of 2026, for the alleged offences registered under Sections 303(2), 317(5) and 3(5) of Bharatiya Nyaya Sanhita, 2023, Section 21 of Mines and Minerals (Development & Regulation) Act, 1957, Rule 4/54 of Jharkhand Minor Mineral Concession Rules, 2004 and under Rule 13 of Jharkhand Minerals (Prevention of Illegal Mining Transportation and Storage) Rule, 2017 pending in the Court of learned S.D.J.M., Ghatshila. 3. Learned counsel appearing for the petitioner submits that the petitioner happened to be driver of the hywa and the allegations are made of carrying sand on the said hywa. He further submits that the petitioner has got no criminal antecedent as disclosed in paragraph No.12 of the petition. He then submits that the petitioner 2026:JHHC:19675 --2-- A.B.A. No. 3529 of 2026 earns his livelihood by way of driving the said hywa. 4. Learned counsel appearing for the State opposed the prayer and submits that illegally sand was being carried in the said hywa. 5. Considering that the petitioner happened to be driver of the said hywa and the petitioner has got no criminal antecedent as disclosed in paragraph No.12 of the petition and it has been pointed out that he earns his livelihood by way of driving the said hywa, I am inclined to provide anticipatory bail to the petitioner. 6. Accordingly, the petitioner, above named, is hereby directed to surrender before the learned Court within three weeks from today, and in the event of his surrender/arrest, the petitioner, above named, shall be released on bail, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand), with two sureties of the like amount each, to the satisfaction of learned S.D.J.M., Ghatshila in connection with Galudih P.S. Case No.04 of 2026, subject to the conditions as laid down under Section 482(2) of Bharatiya Nagarik Suraksha Sanhita, 2023. (Sanjay Kumar Dwivedi, J.) Dated 06.07.2026 Sangam/