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2026 DAILYLAW 20835 (JHR)

UMESH KUMAR MISHRA v. THE STATE OF JHARKHAND

A.B.A./3882/2026 · 2026-07-18

Sanjay Kumar Dwivedi

body2026

Judgment text

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2026:JHHC:21197 IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 3882 of 2026 ------ Umesh Kumar Mishra, aged about 62 years, son of Late Bhuneshwar Mishra, resident of Village Jalka, P.O. and P.S. Sisai, District Gumla, Jharkhand .... .... …. Petitioner Versus The State of Jharkhand .... .... .... Opposite Party CORAM : HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI For the Petitioner : Ms. Rashika Bhardwaj, Advocate Mr. K.S. Nanda, Advocate For the State : Mr. Prabir Chatterjee, Special P.P. ------ 02/18.07.2026 Heard learned counsel for the petitioner and learned counsel for the State. 2. The petitioner is apprehending his arrest in connection with Sisai P.S. Case No. 19 of 2026, registered for the offence under Sections 303(2), 317(5) and 3(5) of Bhartiya Nyaya Sanhita, 2023, Sections 4 and 21 of Mines and Minerals (Development and Regulation) Act, 1957, Rules 4 and 54 of Jharkhand Minor and Minerals Concession Rules, 2004 and Rules 7 and 9 of Jharkhand Mineral (Prevention of Illegal Mining, Transportation and Storage) Rule, 2017 pending in the court of learned Sub Divisional Judicial Magistrate, Gumla. 3. Learned counsel appearing for the petitioner submits that the petitioner has been falsely implicated in the case and only on suspicion petitioner’s name has come. She next submits that allegation of storing the sand in question near Koyal river is not correct and the petitioner has nothing to do with storing the sand near Koyal river. She further submits that other co-accused persons have been granted anticipatory bail by this court in A.B.A. No.1833 of 2026, A.B.A. No.2321 of 2026 and A.B.A. No.3104 of 2026. She fairly submits that the petitioner is having one criminal antecedent. 4. Learned counsel appearing for the State opposes the prayer and submits that the name of the petitioner has come on suspicion. 2026:JHHC:21197 5. Considering that the name of the petitioner has come on suspicion only and the co-accused persons have been granted anticipatory bail in identical situation in the aforesaid A.B.As. and further criminal antecedent cannot be the sole criterial for granting or rejecting anticipatory bail or regular bail, in the attending facts and circumstances, I am inclined to grant anticipatory bail to the petitioner. 6. Accordingly, the above-named petitioner is directed to surrender before the learned court within two weeks from today and in the event of his arrest or surrender, he shall be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Gumla, in connection with Sisai P.S. Case No. 19 of 2026, subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. (Sanjay Kumar Dwivedi, J.) Dated 18.07.2026 Anit Uploaded 21.07.2026