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2026 DAILYLAW 22323 (JHR)

RAHUL KUMAR v. THE STATE OF JHARKHAND

A.B.A./4114/2026 · 2026-07-29

Sanjay Kumar Dwivedi

body2026

Judgment text

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2026:JHHC:22370 IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 4114 of 2026 ------ Rahul Kumar, aged about 30 years, son of Bhola Thakur, resident of Village Hariharpur, P.O. Hariharpur, P.S. Dhanbad, District Dhanbad, Jharkhand .... .... …. Petitioner Versus The State of Jharkhand .... .... .... Opposite Party CORAM : HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI For the Petitioner : Mr. Baibhaw Gahlaut, Advocate For the State : Ms. Anuradha Sahay, A.P.P. ------ 02/29.07.2026 Heard learned counsel for the petitioner and learned counsel for the State. 2. The petitioner is apprehending his arrest in connection with Nimiaghat P.S. Case No.40 of 2026, registered for the offence under Sections 303(2), 317(5) and 3(5) of Bhartiya Nyaya Sanhita, 2023, Sections 4 and 21 of Mines and Minerals (Development and Regulation) Act, 1957, Rules 4 and 54 of Jharkhand Minor and Minerals Concession Rules, 2004 and Rules 7 and 9 of Jharkhand Mineral (Prevention of Illegal Mining, Transportation and Storage) Rule, 2017 pending in the court of learned Judicial Magistrate, 1st Class, Giridih. 3. Learned counsel appearing for the petitioner submits that the petitioner happens to be the owner of the tractor and the allegations are there of carrying 100 CFT of sand and the said sand was booked by another person. He next submits that the petitioner is having no criminal antecedent as disclosed in para 9 of the petition. 4. Learned counsel appearing for the State opposes the prayer and submits that illegally the sand was being carried on the said tractor. 5. Considering that the petitioner is the owner of the tractor and the allegations are there of carrying 100 CFT of sand and it has been pointed out that the said sand was booked by another person and the petitioner is having no criminal antecedent as disclosed in para 9 of the petition, in the attending facts and circumstances, I am inclined to grant anticipatory bail to the petitioner. 2026:JHHC:22370 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 Judicial Magistrate, 1st Class, Giridih, in connection with Nimiaghat P.S. Case No. 40 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 29.07.2026 Anit Uploaded 30.07.2026