2026:JHHC:21200 --1-- A.B.A. No. 3893 of 2026 IN THE HIGH COURT OF JHARKHAND, RANCHI A.B.A. No. 3893 of 2026 ---- Nagendra Kumar, aged about 36 years, S/o Sri Bhagwan Yadav, R/o Lahang Dumariya, Dumariya, PO – Dumariya S.O., PS – Dumariya, District – Bhojpur, Bihar, 802351 .... Petitioner -- Versus -- The State of Jharkhand .... Opposite Party ---- CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI --- For the Petitioner :- Mr. Onkar Nath Tewary, Advocate For the State :- Mr. Prabir Kr. Chatterjee, Advocate ---- 02/18.07.2026 Heard learned counsel appearing for the petitioner as well as the learned counsel appearing for the State. 2. The petitioner is apprehending his arrest in connection with Masalia P.S. Case No.88 of 2025, for the alleged offences registered under Sections 303(2) and 317(5) of Bharatiya Nyaya Sanhita, 2023, Section 4/21 of Mines and Minerals (Development & Regulation) Act, 1957 and under Rule 9/13 of Jharkhand Minerals (Prevention of Illegal Mining Transportation and Storage) Rule, 2017 pending in the Court of learned S.D.J.M., Dumka. 3. Learned counsel appearing for the petitioner submits that the petitioner is the driver of hywa truck and the allegations are made of carrying coal. He further submits that the coal was being carried on valid challan in spite of that the FIR has been registered and the truck has been seized. He then submits that the petitioner 2026:JHHC:21200 --2-- A.B.A. No. 3893 of 2026 has got no criminal antecedent as disclosed in paragraph No.12 of the petition. 4. Learned counsel appearing for the State opposed the prayer and submits that the petitioner happened to be driver and the allegations are there of illegally carrying coal. 5. Transport challan in Form-D are annexed with the FIR itself, as such prima facie it appears that the coal was being transported on challan, however that challan in dispute and that is the subject matter of investigation and trial. Petitioner is said to be driver and he has got no criminal antecedent as disclosed in paragraph No.12 of the petition. In the attending facts and circumstances of this case, I am inclined to provide anticipatory bail to the petitioner. 6. Accordingly, the petitioner, above named, is hereby directed to surrender before the learned Court within three weeks from today, and in the event of his surrender/arrest, the petitioner, above named, shall be released on bail, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand), with two sureties of the like amount each, to the satisfaction of learned S.D.J.M., Dumka in connection with Masalia P.S. Case No.88 of 2025, 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/