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2026:JHHC:22154 IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No. 4066 of 2026
------ Ahidur Rahman, aged about 47 years, son of Abu Bakkar, resident of Village Naya Anjana, P.O. and P.S. Prithvinagar, 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
: Mr. Vineet Kumar Vashistha, Special 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) and the respondents issued the receipt dated 21.09.2019. He submits that the recommendation was made in respect of the area situated in Mauza Mansinghpur, Thana No. 103, Jamabandi Nos. 71 & 20 and Mouza Pratappur, Thana No.104, Jamabandi Nos. 8, 7, 6, 9 & 4, Plot Nos. 54/P. 72/1542, 73, 594, 595, 596, 597, 616, 619, 620, 621, 622, 623 & 625 District Pakur, Area 6.55 A (2.65 Ha.) butted and bounded on North Plot Nos. 613 and 614; South Plot Nos. 57, 58 and 65; East Plot Nos. 624, 71, 72 and 76 & West- Plot Nos. 54/P and 593. He next submits that after observing all the formalities, the Letter of Intent dated 28.09.2019 was issued by the respondents in favour of the petitioner and mining plan submitted on behalf of the petitioner was approved by letter dated
24.10.2019. He further submits that the District Mining Officer issued a contiguous certificate dated 08.08.2020 pertaining to the mining lease/LoI of the petitioner. He then submits that the Environmental Clearance
2026:JHHC:22154 Certificate dated 23.09.2021 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 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 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 anticipatory 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