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2026 DAILYLAW 22189 (JHR)

SHIVAM SHAHDEV @ SHIVAM SHAHDEO v. THE STATE OF JHARKHAND

A.B.A./4149/2026 · 2026-07-28

Sanjay Kumar Dwivedi

body2026

Judgment text

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2026:JHHC:22340 --1-- A.B.A. No. 4149 of 2026 IN THE HIGH COURT OF JHARKHAND, RANCHI A.B.A. No. 4149 of 2026 ---- Shivam Shahdev @ Shivam Shahdeo, aged about 25 years, S/o Sudhir Nath Shahdeo, R/o village – Jinda, PO – Bargaon, PS – 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 For the State :- Mr. Sanat Kr. Jha, Advocate ---- 02/28.07.2026 Heard learned counsel appearing for the petitioner as well as the learned counsel appearing for the State. 2. The petitioner is apprehending his arrest in connection with Sisai P.S. Case No.73 of 2026, for the alleged offences registered under Sections 303(2), 317(5) and 3(5) of Bharatiya Nyaya Sanhita, 2023, Section 4/21 of Mines and Minerals (Development & Regulation) Act, 1957, Rule 4/54 of Jharkhand Minor Mineral Concession Rules, 2004 and under Rule 7/9/13 of Jharkhand Minerals (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 false allegations are made against the petitioner of keeping 35,000 cft. sand on a particular land. She further submits that the villagers have stated so, however, the petitioner has nothing to do with the 2026:JHHC:22340 --2-- A.B.A. No. 4149 of 2026 said storage. She then submits that the petitioner has got no criminal antecedent as disclosed in paragraph No.11 of the petition. She next submits that even the name of the person, who has taken the name of the petitioner, is not disclosed in the FIR. 4. Learned counsel appearing for the State opposes the prayer and submits that villagers have taken the name of the petitioner. 5. Considering that the name of the person, who has taken the name of the petitioner, is not disclosed in the FIR and the storage by the petitioner has been denied in the said land and the petitioner has got no criminal antecedent as disclosed in paragraph No.11 of the petition, I am inclined to provide anticipatory bail to the petitioner. 6. Accordingly, the petitioner, above named, is hereby directed to surrender before the learned Court within three weeks from today, and in the event of his surrender/arrest, the petitioner, above named, shall be released on bail, on furnishing bail bond of Rs.25,000/- (Rupees 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.73 of 2026, subject to the conditions as laid down under Section 482(2) of Bharatiya Nagarik Suraksha Sanhita, 2023. (Sanjay Kumar Dwivedi, J.) Dated 28.07.2026 Sangam/