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2026 DAILYLAW 21925 (JHR)

MD. NAJIMUDDIN v. STATE OF JHARKHAND

A.B.A./4082/2026 · 2026-07-27

Sanjay Kumar Dwivedi

body2026

Judgment text

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2026:JHHC:22201 IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 4082 of 2026 ------ Md. Najimuddin, aged about 75 years, son of Lt. Md. Tahiruddin, resident of Kashimnagar, P.O. and P.S. Kashimnagar, District Birbhum, West Bengal .... .... …. Petitioner Versus State of Jharkhand .... .... .... Opposite Party CORAM : HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI For the Petitioner : Mr. P.A.S. Pati, Advocate For the State : Mr. Someshwar Roy, A.P.P. ------ 02/27.07.2026 Heard learned counsel for the petitioner and learned counsel for the State. 2. The petitioner is apprehending his arrest in connection with Pakur (Town) P.S. Case No. 123 of 2026, registered for the offence under Sections 336(3), 338, 340(2), 318(4), 61(2) and 3(5) of Bhartiya Nyaya Sanhita, 2023, pending in the court of learned Chief Judicial Magistrate, Pakur. 3. Learned counsel appearing for the petitioner submits that the petitioner applied for grant of mining lease of minor mineral (stone) on 18.02.2021. He submits that the application was made in respect of the area situated in Mauza Dhiwaldangal, Thana No. 05, Jamabandi Nos. 12, & 13, Plot Nos. 554, 555 and 556, District Pakur, Area 3.50A (1.42 Ha.) butted and bounded on North Plot No. 557; South-Plot Nos. 552 and 586.; East Plot Nos. 564 and 565 & West Plot No.553. He next submits that after observing all the formalities, the Letter of Intent dated 26.06.2021 was issued by the respondents in favour of the petitioner. He further submits that the District Mining Officer issued a contiguous certificate dated 03.07.2021 pertaining to the mining lease/LoI of the petitioner and mining plan submitted on behalf of the petitioner was approved by letter dated 04.08.2021. He then submits that the Environmental Clearance Certificate dated 23.09.2021 was issued in favour of the petitioner. He further submits that the disputes are there whether lease deed will come within B-1 category or B-2 category. He next submits that by the impugned order, nine 2026:JHHC:22201 of the anticipatory bail petitions have been rejected by the learned Sessions Judge. He also submits that one of the co-accused has been granted anticipatory bail by this court in A.B.A. No.3898 of 2026. On these grounds, he submits that anticipatory bail may kindly be granted. 4. Learned counsel appearing for the State opposes the prayer and submits that the petitioner has mislead the Department in obtaining Environment Clearance Certificate. 5. In view of the above and considering the submission of learned counsel for the parties, it transpires that the dispute is there whether lease area of the petitioner will come within B-1 category or B-2 category and one of the co-accused has been granted bail by this court in A.B.A. No.3898 of 2026, 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 Chief Judicial Magistrate, Pakur, in connection with Pakur (Town) P.S. Case No. 123 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 27.07.2026 Anit Uploaded 28.07.2026