Extracted from the PDF above. The PDF is authoritative.
[ 2026:JHHC:24228 ] -1-
IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No. 4552 of 2026
Jagdamba Sahu aged about 65 Years S/O Late Gnanesh Sahu R/O Village -Longa Basia P.O.- Basia, P.S.- Basia, District- Gumla (Jharkhand).
..... … Petitioner
Versus The State of Jharkhand
..... … Opposite Party
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CORAM : HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI
------ For the Petitioner : Mr. K.S. Nanda, Advocate. For the State
: Mr. Abhay Kumar Tiwari, A.P.P. ------ 03/ 13.08.2026 Heard learned counsel for the petitioner and learned A.P.P for the State.
2.
The petitioner is apprehending his arrest in connection with Basia P.S. Case No. 35 of 2026, registered for the offence under Sections 303(2) and 3(5) of Bharatiya Nyaya Sanhita, 2023, Rule-4/54 of Jharkhand Minor Mineral Concession Rules, 2004 and Rule 7/9/13 of the Jharkhand Minerals (Prevention of Illegal Mining Transportation and Storage) Rules, 2017, pending in the court of learned Sub- Divisional Judicial Magistrate, Gumla.
3.
Learned counsel appearing for the petitioner submits that the petitioner happened to be the owner of two different tractors and allegations are made of carrying 100 CFT sand on each of the tractors. He next submits that the said sand was being carried on the basis of valid challan and to buttress his argument, he refers to the challan annexed with the supplementary affidavit filed in this case. On these grounds, he submits that anticipatory bail may kindly be provided to the petitioner.
4.
Learned A.P.P. appearing for the State has opposed the prayer and submits that illegally the sand was being carried on the
[ 2026:JHHC:24228 ] -2-
tractors in question. On this ground, he submits that anticipatory bail may kindly be rejected.
5.
Considering that the petitioner is the owner of two different tractors and in the supplementary affidavit filed in this case, the challan in triplicate has been annexed, from which, prima facie, it appears that the challan was there, however, that is in dispute and that is the subject matter of investigation and trial and in the attending facts and circumstances of the case, I am inclined to grant anticipatory bail to the petitioner, above named.
6.
Accordingly, the petitioner, named above, is directed to surrender before the learned court within three weeks from today and in the event of his surrender / arrest, the petitioner 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 Sub-Divisional Judicial Magistrate, Gumla, in connection with Basia P.S. Case No. 35 of 2026, subject to conditions as laid down under Section 482 (2) of Bharatiya Nagarik Suraksha Sanhita, 2023.
(Sanjay Kumar Dwivedi, J.) Dated:-13.08.2026 Amitesh/-