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2026 DAILYLAW 20218 (JHR)

MD. SHAMIM ANSARI v. THE STATE OF JHARKHAND

A.B.A./3813/2026 · 2026-07-14

Sanjay Kumar Dwivedi

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2026:JHHC:20793 IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 3813 of 2026 ------ 1. Md. Shamim Ansari, son of Manjoor Ansari, aged about 33 years 2. Md. Tarjan Ansari, son of Md. Allauddin Ansari, aged about 33 years Both are residents of Village Bagulwatand, Matrukha, P.P. Matrukha, P.S. Giridih (M), District Giridih, Jharkhand .... .... …. Petitioners Versus The State of Jharkhand .... .... .... Opposite Party CORAM : HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI For the Petitioners : Mr. Sujit Kumar Singh, Advocate (through video conferencing) For the State : Mr. Subodh Kumar Dueby, A.P.P. ------ 02/14.07.2026 Heard learned counsel for the petitioners through video conferencing and learned counsel for the State. 2. The petitioners are apprehending their arrest in connection with Giridih (Muffasil) P.S. Case No. 385 of 2025, registered for the offence under Sections 303(2) and 317(2) of Bhartiya Nyaya Sanhita, 2023, Sections 4, 21(A), 21(6) and 22 of Mines and Minerals (Development and Regulation) Act, 1957, Rules 4 and 54 of Jharkhand Minor and Minerals Concession Rules, 2004 and Rules 7 and 9 of Jharkhand Mineral (Prevention of Illegal Mining, Transportation and Storage) Rule, 2017, pending in the court of learned Sub Divisional Judicial Magistrate, Giridih. 3. Learned counsel appearing for the petitioners through video conferencing submits that the petitioner no.1 is owner and petitioner no.2 is driver of the tractor and the allegations are made of carrying 100 CFT of sand. He next submits that the petitioners are having no criminal antecedent as disclosed in para 9 of the petition. He also submits that owner-cum-driver of another tractor has been granted anticipatory bail in A.B.A. No.1493 of 2026. 4. Learned counsel appearing for the State opposes the prayer and submits that the allegations are there of illegally carrying sand on the tractor. 5. Considering that the petitioners are owner and driver respectively of tractor and in identical situation owner-cum-driver of another tractor has been granted anticipatory bail by this court in the aforesaid A.B.A. and the 2026:JHHC:20793 petitioners are having no criminal antecedent as disclosed in para 9 of the petition, 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 Sub Divisional Judicial Magistrate, Giridih, in connection with Giridih (Muffasil) P.S. Case No. 385 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 14.07.2026 Anit Uploaded 15.07.2026