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2026:JHHC:22142 IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No. 4060 of 2026
------ Abinash Kumar Bhagat, aged about 35 years, son of Pradip Prasad Bhagat, resident of Mouza Baliapatra, P.O. and P.S. Maheshpur, District Pakur
.... .... …. 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
: Ms. Priya Shrestha, Special P.P.
(through video conferencing)
------
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). He submits that the application was made in respect of the area situated in Mauza Baliapatra, Thana No. 322, Jamabandi Nos. 21, 22 & 15 Plot Nos. 419, 693, 694, 695, 701, 702, 703, 704, 708, 709, 710, 711, 716, 717, 718, 719, 720, 721 & 722, District Pakur, Area 5.79 A (2.34 Ha.) butted and bounded on North Plot Nos. 418 and 420; South-Plot Nos. 688, 691 and 692; East- Plot Nos. 712, 713 and 715 & West- Plot Nos. 700, 705 and 696. He next submits that after observing all the formalities, the Letter of Intent dated 26.02.2020 was issued by the respondents in favour of the petitioner. He further submits that the District Mining Officer issued a contiguous certificate dated 10.09.2020 pertaining to the mining lease/LoI of the petitioner. He then submits that the Environmental Clearance Certificate dated 14.07.2021 was issued in favour of the petitioner in the B-2 category. 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
2026:JHHC:22142 impugned order, nine 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 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 appearing through video conferencing 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