Research › Search › Judgment

High Court of Jharkhand · body

2026 DAILYLAW 1962 (JHR)

SAMSUDDIN SK v. THE STATE OF JHARKHAND

A.B.A./449/2026 · 2026-01-29

Sanjay Kumar Dwivedi

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

( 2026:JHHC:2214 ) IN THE HIGH COURT OF JHARKHAND AT RANCHI A. B. A. No. 449 of 2026 1. Samsuddin Sk. Aged about 37 years, son of late Sabdul Sk, Resident of village-Jankinagar, Post Office-Prithinagar, Police Station-Pakur, District-Pakur, Jharkhand 2. Israil Sk, aged about 31 years, son of Lutafal Haque, resident of village Sekhpur, Post Office and Police Station-Bhasaripani Kar District- Murshidabad (West Bengal) ...... … Petitioners Versus The State of Jharkhand .…. … Opposite Party -------- CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI For the Petitioners :Mrs. Nitu Sinha, Advocate For the State : Mr. Pankaj Kumar, P.P. 02/ 29.01.2026: Heard learned counsel for the petitioners and learned counsel for the State. 2. The petitioners are apprehending their arrest in connection with Pakur (T) P.S. Case No. 313 of 2025 registered under sections 317(5) of BNS, under sections 4, 21 of Jharkhand Mines and Minerals (Development & Regulation Act (MMDR) Act and under Sections 7, 9, 13 of Jharkhand Minerals (Prevention of illegal Mining Transportation and Storage) Rules, 2017 pending in the Court of learned Chief Judicial Magistrate, Pakur. 3. Learned counsel for the petitioners submits that petitioner no.1 is owner and petitioner no. 2 is driver of the hywa vehicle and allegations are made that 900 cft stone chips was being carried on the said vehicle. She further submits that Challan was valid till 04.12.2025 by 7.00 P.M. and allegations are made that the said vehicle was intercepted at 3.00 A.M on 05.12.2025. She next submits that petitioners have no criminal antecedent which is disclosed in para 9 of the petition. On these grounds, she submits that the petitioners may kindly be provided privilege of anticipatory bail. 4. Learned counsel for the State opposes the prayer and submits ( 2026:JHHC:2214 ) that illegally the stone chips was being carried on the said vehicle. 5. Considering that petitioner no.1 is owner and petitioner no. 2 is driver of the hywa vehicle and in the F.I.R it is mentioned that Challan was valid till 04.12.2025 by 7.00 P.M and the said vehicle was intercepted at 3.00 A.M on 05.12.2025. Further the petitioners have no criminal antecedent which is disclosed in para 9 of the petition. 6. In the attending facts and circumstances of the case, I am inclined to grant anticipatory bail to the petitioners. Accordingly, the above named, petitioners are directed to surrender before the learned court within three weeks from today and in the event of their surrender / arrest, the petitioners shall be released on bail, on furnishing bail bonds of Rs. 25,000/- (twenty five thousand) each with two sureties of the like amount each, to the satisfaction of learned Chief Judicial Magistrate, Pakur, in connection with Pakur (T) P.S. Case No. 313 of 2025, subject to conditions as laid down under Section 482 (2) of B.N.S.S, 2023. Dt.29.01.2026 ( Sanjay Kumar Dwivedi, J.) satyarthi-