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2026 DAILYLAW 20807 (JHR)

MD. KALIM v. THE STATE OF JHARKHAND

A.B.A./3917/2026 · 2026-07-20

Sanjay Kumar Dwivedi

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2026:JHHC:21346 1 IN THE HIGH COURT OF JHARKHAND, RANCHI A.B.A. No. 3917 of 2026 ---- 1.Md. Kalim, aged about 39 years, son of Md. Safik, resident of Village Revsa, PO Janso Ki Madai, PS Sadalpur, District Chandauli, U.P. 2.Eklakh aged about 34 years, son of Munnu Ahmed, resident of Village Bhaisaura, PO and PS Majhagain, Dist. Chandauli, U.P. .... Petitioners -- Versus -- The State of Jharkhand .... Opposite Party ---- CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI --- For the Petitioners :- Mr. Binod Kumar, Advocate For the State :- Mr. Abhay Kumar Tiwary, Advocate ---- 2/20.07.2026 Heard learned counsels for petitioners and for State. 2. The petitioners are apprehending their arrest in connection with Ramna PS Case No.124 of 2021, for offence registered under section 379, 411, 34 of the IPC, 4/54 of Jharkhand Minor Minerals Concessions Rules, 2004, Section 21 of Mines and Minerals (Development and Regulation) Act, 1957 and Rules 7 and 13 of Jharkhand Minerals (Prevention of Illegal Mining, Transportation and Storage) Rules, 2017, pending in court of learned Judicial Magistrate First Class, Nagar Untari, Garhwa. 3. Learned counsel for petitioners submits that in the FIR the allegations are made that 13 trucks were carrying the sand in absence of any valid document. He next submits that in the FIR itself it has been stated that the fine has been paid by 11 truck owners, however, two truck owners have not paid the fine and he also submits that there is no seizure and the truck is still being operated. He also submits that the petitioners have not received any notice for deposit of the fine and when the petitioners have 2026:JHHC:21346 2 received the notice under section 41-A IPC, thereafter, the petitioners have come to know about the case. 4. Learned State counsel opposes prayer and submits that allegations are there of illegally carrying the sand on the trucks. 5. Considering that petitioner no.1 is owner and the petitioner no.2 is the driver of the truck bearing No.UP 678AT 6565 and the said truck has not been seized and it has been pointed out that the said truck is still being operated by the petitioners and the allegations are made of illegally carrying the sand in question and it has been pointed out that the petitioners have also not received any document demanding the fine and the petitioners have got no criminal antecedent as disclosed in paragraph no.15 of the petition, I am inclined to grant anticipatory bail to both the petitioners. 6. Accordingly, both the petitioners, above named, are hereby directed to surrender before learned court within three weeks from today, and in event of their surrender/arrest, both 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 like amount each, to satisfaction of learned Judicial Magistrate First Class, Nagar Untari, Garhwa, in connection with Ramna PS Case No.124 of 2021, 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/