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2026 DAILYLAW 22948 (JHR)

KAUSHAL KUMAR v. THE STATE OF JHARKHAND

A.B.A./4737/2026 · 2026-08-19

Sanjay Kumar Dwivedi

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2026:JHHC:24978] -1- IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 4737 of 2026 Kaushal Kumar, aged about 31 years S/O- Dilip Pandey, resident of Vill- Mathurapur, P.O-Simri Dhamini, P.S- Mali, Dist-Aurangabad (Bihar). ..... … Petitioner Versus The State of Jharkhand ..... … Opposite Party -------- CORAM : HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI ------ For the Petitioner : Mrs. Shalini Shahdeo, Advocate. For the State : Mr. P.K. Chatterjee, A.P.P. ------ 05/ 19.08.2026 Heard learned counsel for the petitioner and learned A.P.P for the State. 2. The petitioner is apprehending his arrest in connection with Chhatarpur P.S. Case No. 93 of 2026, registered for the offence under Sections 303(2) and 317(5) of Bharatiya Nyaya Sanhita, 2023, Section 4/21 of the Mines and Minerals (Development and Regulation) Act, 1957 and Rule 9 and 13 of the Jharkhand Minerals (Prevention of Illegal Mining Transportation and Storage) Rules, 2017, pending in the court of learned Judicial Magistrate, 1st Class, Palamau at Daltonganj. 3. Learned counsel appearing for the petitioner submits that the petitioner happened to be the driver of one of the trailer and allegations are made that in absence of any challan, morrum was being carried. She next submits that the said morrum were being caried for the purpose of utilization in the construction of a dam. She further submits that in the seizure list, there was mention of the trailer only and there is no mention about any morrum. She also submits that the owner of the said trailer has already been provided the privilege of anticipatory bail by this court in A.B.A. No. 4667 of 2026. On these grounds, she submits that anticipatory bail may kindly be provided to the petitioner. 4. Learned A.P.P. has opposed the prayer and submits that the petitioner happened to be the driver of the said trailer and in absence of any valid challan, the morrum was being carried. On this ground, he [2026:JHHC:24978] -2- submits that anticipatory bail may kindly be rejected. 5. In the seizure list, there is no mention about the morrum, however, allegations are made of carrying the morrum on the trailer in question and further the owner of the said trailer has already been provided the privilege of anticipatory bail by this court in the aforementioned A.B.A. and in the attending facts and circumstances of the case, I am inclined to grant anticipatory bail to the petitioner. 6. Accordingly, the petitioner, named above, is directed to surrender before the learned court within four weeks from today and in the event of his surrender / arrest, the petitioner, named above, shall be released on bail, on furnishing bail bonds of Rs. 25,000/- (twenty-five thousand), with two sureties of the like amount each, to the satisfaction of learned Judicial Magistrate, 1st Class, Palamau at Daltonganj, in connection with Chhatarpur P.S. Case No. 93 of 2026, subject to conditions as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. (Sanjay Kumar Dwivedi, J.) Dated:-19.08.2026 Amitesh/-