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2026 DAILYLAW 19423 (JHR)

NIRANJAN RAWANI v. THE STATE OF JHARKHAND

A.B.A./3721/2026 · 2026-07-08

Sanjay Kumar Dwivedi

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[ 2026:JHHC:20070] -1- IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 3721 of 2026 Niranjan Rawani, aged about 42 years, son of Lakhan Rawani, resident of Chhota Nagari, P.O. Chandor, P.S. Tetulmari, District Dhanbad. ..... … Petitioner Versus The State of Jharkhand ..... … Opposite Party -------- CORAM : HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI ------ For the Petitioner : Mr. Niraj Kumar Sinha, Advocate. For the State : Mrs. Nehala Sharmin, A.P.P. ------ 03/ 08.07.2026 Heard learned counsel for the petitioner and learned A.P.P for the State. 2. The petitioner is apprehending his arrest in connection with Tetulmari P.S. Case No. 20 of 2025, registered for the offence under Sections 317(5) and 3(5) of Bharatiya Nyaya Sanhita, 2023, Section 4/21 of the Mines and Minerals (Development and Regulation) Act, 1957 and Rule 9/13 of the Jharkhand Minerals (Prevention of Illegal Mining Transportation and Storage) Rules, 2017, pending in the court of learned Judicial Magistrate, Dhanbad. 3. Learned counsel appearing for the petitioner submits that the petitioner has been falsely implicated in this case on the basis of confessional statement of the apprehended co-accused. He next submits that the petitioner was not carrying the coal, however, allegations are made of carrying coal. He further submits that the petitioner has already complied the notice issued under Section 35(3) of Bharatiya Nagarik Suraksha Sanhita, 2023. He also submits that the prayer for anticipatory bail of this petitioner was rejected by the learned Sessions Judge only on the ground that he is having one criminal antecedent, however, other co-accused person has already been provided the privilege of anticipatory bail by the said impugned [ 2026:JHHC:20070] -2- order. On these grounds, he submits that anticipatory bail may kindly be provided to the petitioner. 4. Learned A.P.P. appearing for the State has opposed the prayer and submits that the petitioner is having one criminal antecedent. On this ground, she submits that anticipatory bail may kindly be rejected. 5. It transpires that the name of this petitioner has come on the basis of confessional statement and in the identical situation, the other co-accused person has already been provided the privilege of anticipatory bail by the learned Sessions Judge. There is no doubt, the petitioner is having one criminal antecedent, however, the criminal antecedent is not the sole criteria either to reject or allow the regular bail or anticipatory bail. 6. In the attending facts and circumstances of the case, I am inclined to extend the privilege of anticipatory bail to the petitioner. 7. Accordingly, the above-named petitioner is directed to surrender before the learned Court within three weeks from today and in the event of her 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 Judicial Magistrate, Dhanbad, in connection with Tetulmari P.S. Case No. 20 of 2025, subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. (Sanjay Kumar Dwivedi, J.) Dated:-08.07.2026 Amitesh/-