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2026 DAILYLAW 22011 (JHR)

RAJIV RANJAN PANDEY v. STATE OF JHARKHAND

A.B.A./4071/2026 · 2026-07-27

Sanjay Kumar Dwivedi

body2026

Judgment text

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2026:JHHC:22177 IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 4071 of 2026 ------ 1. Rajiv Ranjan Pandey, aged about 66 years, son of Awadhesh Kumar Pandey, resident of Village Dhuliyan Road, P.O. and P.S. Sindhi Para, District Pakur 2. Baski Nath Pandey, aged about 38 years, son of Rajiv Ranjan Pandey, resident of Village Dhuliyan Road, P.O. and P.S. Sindhi Para, District Pakur .... .... …. Petitioners Versus State of Jharkhand .... .... .... Opposite Party CORAM : HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI For the Petitioners : Mr. P.A.S. Pati, Advocate For the State : Mr. Vineet Kumar Vashistha, Special P.P. ------ 02/27.07.2026 Heard learned counsel for the petitioners and learned counsel for the State. 2. The petitioners are apprehending their 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 petitioners submits that the petitioners applied for grant of mining lease of minor mineral (stone). He submits that the recommendation was made in respect of the area situated in Mauza Srirampur, Thana No. 42, Jamabandi Nos. 08, 27, 34, 42 & 05, Plot Nos. 699/P. 702/P. 703/P. 704, 705, 706, 707, 708/P. 709/P. 710/P. 711/P, 712/P, 713/P, 714/P., 715/P., 716/P., 717/P., 718/P., 719/P., 720, 723/P. & 724/P. District Pakur, Area 6.28 A (2.54 Ha.) butted and bounded on North Plot Nos. 708/P, 711/P AND 712/P, etc.; South Plot Nos. 709 and 713/P, 714/P, etc.; East- 700 and 701 & West-723/P. and 724/P. He next submits that after observing all the formalities, the Letter of Intent dated 19.05.2021 was issued. He further submits that the District Mining Officer issued a contiguous certificate dated 23.07.2021 pertaining to the mining lease/LoI of the petitioners. He then submits that the Environmental Clearance Certificate dated 30.10.2021 was issued in favour of the 2026:JHHC:22177 petitioners in the B-2 category and the District Mining Officer, Pakur directed the petitioners to get the mining lease registered and the mining lease was registered on 09.02.2022. 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 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 opposes the prayer and submits that the petitioners have 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 petitioners 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 petitioners. 6. Accordingly, the above-named petitioners are directed to surrender before the learned court within two weeks from today and in the event of their arrest or surrender, they shall be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) each 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