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2026 DAILYLAW 20473 (JHR)

MD MAKSUD ALAM v. THE STATE OF JHARKHAND

A.B.A./3891/2026 · 2026-07-18

Sanjay Kumar Dwivedi

body2026

Judgment text

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2026:JHHC:21190 --1-- A.B.A. No. 3891 of 2026 IN THE HIGH COURT OF JHARKHAND, RANCHI A.B.A. No. 3891 of 2026 ---- 1. Md. Maksud Alam, aged about 32 years, S/o Md. Sabbir Hussain, R/o 785, PCC Road, Asnapani, Kathara, PO and PS – Kathara, District – Bokaro, Jharkhand 2. Shaoib Akhtar, aged about 29 years, S/o Md. Yusuf, R/o Ansari Tola, Amna Masjid Mael, PO – Sandi, PS – Rajrappa, District – Ramgarh, Jharkhand .... Petitioners -- Versus -- The State of Jharkhand .... Opposite Party ---- CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI --- For the Petitioners :- Mr. Rajiv Ranjan, Advocate For the State :- Mrs. Priya Shrestha, Advocate ---- 02/15.07.2026 Heard learned counsel appearing for the petitioners as well as the learned counsel appearing for the State. 2. The petitioners are apprehending their arrest in connection with Balidih P.S. Case No.72 of 2026, for the alleged offences registered under Sections 303(2), 317(2) and 3(5) of Bharatiya Nyaya Sanhita, 2023, Section 21 of Mines and Minerals (Development & Regulation) Act, 1957, Rule 54 of Jharkhand Minor Mineral Concession Rules, 2004 and under Rule 13 of Jharkhand Minerals (Prevention of Illegal Mining Transportation and Storage) Rule, 2017 pending in the Court of learned S.D.J.M., Bokaro. 3. Learned counsel appearing for the petitioners submits that petitioners are owner-cum-driver of two different tractors and the allegations are made of carrying 100 cft. sand in the said tractors. He further submits that the petitioners earn their livelihood by way of driving 2026:JHHC:21190 --2-- A.B.A. No. 3891 of 2026 the said tractors. He then submits that sand was booked by another person. He next submits that petitioners have got no criminal antecedent as disclosed in paragraph No.10 of the petition. 4. Learned counsel appearing for the State opposes the prayer and submits that allegations are there of illegally carrying sand on the tractors. 5. Considering that petitioners are owner-cum-driver of two different tractors and the petitioners have got no criminal antecedent as disclosed in paragraph No.10 of the petition and it has been pointed out that the petitioners earn their livelihood by way of driving the said tractors and further the sand was booked by another person, I am inclined to provide anticipatory bail to the petitioners. 6. Accordingly, the petitioners, above named, are hereby directed to surrender before the learned Court within three weeks from today, and in the event of their surrender/arrest, the petitioners, above named, shall be released on bail, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each, with two sureties of the like amount each, to the satisfaction of learned S.D.J.M., Bokaro in connection with Balidih P.S. Case No.72 of 2026, subject to the conditions as laid down under Section 482(2) of Bharatiya Nagarik Suraksha Sanhita, 2023. (Sanjay Kumar Dwivedi, J.) Dated 18.07.2026 Sangam/