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2026 DAILYLAW 20761 (JHR)

RODHA ORAON @ ROGHA ORAON v. THE STATE OF JHARKHAND

A.B.A./3925/2026 · 2026-07-20

Sanjay Kumar Dwivedi

body2026

Judgment text

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2026:JHHC:21385 1 IN THE HIGH COURT OF JHARKHAND, RANCHI A.B.A. No. 3925 of 2026 ---- Rodha Oraon @ Rogha Oraon, aged about 63 years, son of Biriya Oraon, resident of Village Porha, PO and PS Sisai, District Gumla, Jharkhand .... Petitioner -- Versus -- The State of Jharkhand .... Opposite Party ---- CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI --- For the Petitioner :- Mr. Mohit Prakash, Advocate For the State :- Mr. Prabir Kumar Chatterjee, Advocate ---- 2/20.07.2026 Heard learned counsels for petitioner and for State. 2. The petitioner is apprehending his arrest in connection with Sisai PS Case No.102 of 2024, for offence registered under section 303(2), 317(5), 3(5) of BNS, 2023, Section 4 and 21 of Mines and Mineral (Development and Regulation) Act, 1957, Rules 4 and 54 of Jharkhand Minor Mineral Concession Rules, and Rules 7 and 9 of Jharkhand Minerals (Prevention of Illegal Mining, Transportation and Storage) Rules, 2017, pending in court of learned Sub Divisional Judicial Magistrate, Gumla. 3. Learned counsel for petitioner submits that the petitioner is not named in the FIR and later on, the petitioner has received notice under section 35(3) of BNSS, 2023, and thereafter, he came to know about the case. He next submits that on the ancestral land of the petitioner, the sand in question was stored. He next submits that the petitioner is having no knowledge of storing the sand in question as the petitioner used to do labour work out-side the State of Jharkhand. He also submits that the co-accused persons have been granted anticipatory 2026:JHHC:21385 2 bail in ABA Nos.7635 of 2024, 7340 of 2024 and 7591 of 2024. He also submits that the petitioner is having no criminal antecedent as disclosed in paragraph no.11 of the petition. 4. Learned State counsel opposes prayer and submits that on the ancestral land of the petitioner, certain quantity of sand was kept and, on these grounds, anticipatory bail may kindly be rejected. 5. Considering that the petitioner is not named in the FIR and later on, the name of the petitioner has surfaced and it has been pointed out that the petitioner earns his livelihood by way of doing labour work out- side the State of Jharkhand and the petitioner has got no criminal antecedent as aforesaid and co-accused persons have been granted anticipatory bail as aforesaid, I am inclined to grant anticipatory bail to the petitioner. 6. Accordingly, petitioner, above named, is hereby directed to surrender before learned court within three weeks from today, and in event of his surrender/arrest, petitioner, above named, shall be released on bail, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand), with two sureties of like amount each, to satisfaction of learned Sub Divisional Judicial Magistrate, Gumla, in connection with Sisai PS Case No.102 of 2024, subject to the conditions as laid down under section 482(2) of Bhartiya Nagrik Suraksha Sanhita (BNSS), 2023. ( Sanjay Kumar Dwivedi, J.) 20.07.2026 SI/