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2026 DAILYLAW 20265 (JHR)

SANDEEP SAW v. THE STATE OF JHARKHAND

A.B.A./2685/2026 · 2026-07-14

Sanjay Kumar Dwivedi

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2026:JHHC:20752 IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 2685 of 2026 ------ 1. Sandeep Saw, aged about 32 years, son of Shyam Sundra Saw, resident of Village Keshwari, P.O. and P.S. Sariya, District Giridih 2. Pankaj Saw, aged about 24 years, son of Chhotu Saw, resident of Village Keshwari, P.O. and P.S. Sariya, District Giridih .... .... …. Petitioners Versus The State of Jharkhand .... .... .... Opposite Party CORAM : HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI For the Petitioners : Mr. Anil Kumar Sinha, Advocate For the State : Mr. Rakesh Ranjan, A.P.P. ------ 02/14.07.2026 Heard learned counsel for the petitioners and learned counsel for the State. 2. The petitioners are apprehending their arrest in connection with Chalkusa P.S. Case No. 81 of 2025, registered for the offence under Sections 191(2), 191(3), 190, 126(2), 115(2), 132, 121(2), 109(1), 351(2), 352, 303(2) and 238 of Bhartiya Nyaya Sanhita, 2023, Sections 4 and 21 of Mines and Minerals (Development and Regulation) Act, 1957, Rule 54 of Jharkhand Minor and Minerals Concession Rules, 2004 and Rules 9, 11 and 13 of Jharkhand Mineral (Prevention of Illegal Mining, Transportation and Storage) Rule, 2017 pending in the court of learned Judicial Magistrate, 1st Class, Hazaribagh. 3. Learned counsel appearing for the petitioners submits that the petitioners have been falsely implicated in the case and allegation is also false to the effect that the petitioners have tried to take away the tractors forcefully from the police personnel. He further submits that the allegations are there of injury upon the informant, who happens to be a police officer however, in the case diary, there is no injury. He next submits that the petitioners are having no criminal antecedent as disclosed in para 14 of the petition. On these grounds, he submits that anticipatory bail may kindly be granted. 4. Learned counsel appearing for the State opposes the prayer and submits that the allegations are there of forcefully taking away the tractors from the custody of the police personnel. 2026:JHHC:20752 5. On query made by the court, learned counsel appearing for the State fairly submits that injury aspect is silent in the case diary and it has come in para 45 of the case diary that injury report is awaited. 6. Considering that in the FIR the allegations are there of injury however, case diary is silent on that aspect and the petitioners are having no criminal antecedent as disclosed in para 14 of the petition and there are general and omnibus allegation against 11 named and 40 unknown persons, in the attending facts and circumstances, I am inclined to grant anticipatory bail to the petitioners. 7. 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 Judicial Magistrate, 1st Class, Hazaribagh, in connection with Chalkusa P.S. Case No. 81 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