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2026 DAILYLAW 19966 (JHR)

RAMAWTAR SAHU v. STATE OF JHARKHAND

A.B.A./3741/2026 · 2026-07-13

Sanjay Kumar Dwivedi

body2026

Judgment text

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2026:JHHC:20599 IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No.3741 of 2026 ------ 1. Ramawtar Sahu, aged about 41 years, son of Bigna Sahu, Resident of Village Khora, Patratoli, P.O. Khora, P.S. Gumla, District Gumla, Jharkhand 2. Prahalad Sahu, aged about 40 years, son of Lurka Sahu, Resident of Village Karaunda, P.O. Karaunda, P.S. Gumla, District Gumla, Jharkhand .... .... …. Petitioners Versus The State of Jharkhand .... .... .... Opposite Party CORAM : HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI For the Petitioners : Mr. Ritesh Kumar, Advocate For the State : Ms. Vandana Bharti, A.P.P. ------ 02/13.07.2026 Heard learned counsel for the petitioners and learned counsel for the State. 2. The petitioners are apprehending their arrest in connection with Gumla P.S. Case No. 200 of 2026, registered for the offence under Sections 303(2) and 317(5) of Bhartiya Nyaya Sanhita, 2023, Sections 4 and 21 of Mines and Minerals (Development and Regulation) Act, 1957, Rules 4 and 54 of Jharkhand Minor and Minerals Concession Rules, 2004 and Rules 7, 9 and 13 of Jharkhand Mineral (Prevention of Illegal Mining, Transportation and Storage) Rule, 2017 pending in the court of learned Chief Judicial Magistrate, Gumla. 3. Learned counsel appearing for the petitioners submits that the petitioners happen to be owner-cum-driver of two different tractors and the allegations are made of carrying 100 CFT of stone chips. He next submits that the petitioners are earning their livelihood by way of driving the said tractors and they are having no criminal antecedent as disclosed in para 12 of the petition. He also submits that the said stone chips have been booked by some another person. 4. Learned counsel appearing for the State opposes the prayer and submits that illegally the stone chips were being carried. 5. Considering that the petitioners are owner-cum-driver of two different tractors and they are having no criminal antecedent as disclosed in para 12 of the petition and it has been pointed out that the stone chips 2026:JHHC:20599 have been booked by some another person, in the attending facts and circumstances, I am inclined to grant anticipatory bail to the petitioners. 6. Accordingly, the above-named petitioners are directed to surrender before the learned court within two weeks from today and in the event of their arrest or surrender, they shall be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Gumla, in connection with Gumla P.S. Case No. 200 of 2026, subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. (Sanjay Kumar Dwivedi, J.) Dated 13.07.2026 Anit Uploaded 14.07.2026