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2026 DAILYLAW 23757 (JHR)

BIRENDRA MAHTO v. THE STATE OF JHARKHAND

A.B.A./4604/2026 · 2026-08-14

Sanjay Kumar Dwivedi

body2026

Judgment text

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2026:JHHC:24471 --1-- A.B.A. No. 4604 of 2026 IN THE HIGH COURT OF JHARKHAND, RANCHI A.B.A. No. 4604 of 2026 ---- 1. Birendra Mahto, aged about 33 years, son of Arjun Mahto, R/o village – Badla, PO – Baredih, PS – Tamar, District – Ranchi 2. Goverdhan Lohra, aged about 39 years, son of Manmohan Lohra, R/o village and PO – Burhadih, PS – Bundu, District - Ranchi .... Petitioners -- Versus -- The State of Jharkhand .... Opposite Party ---- CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI --- For the Petitioners :- Mr. Ashwini Bhushan, Advocate For the State :- Mr. Pankaj Kr. Mishra, Advocate ---- 02/14.08.2026 Heard learned counsel appearing for the petitioners as well as the learned counsel appearing for the State. 2. The petitioners are apprehending their arrest in connection with Tamar P.S. Case No.39 of 2026, for the alleged offences registered under Section 317(5) of Bharatiya Nyaya Sanhita, 2023, Rule 54 of Jharkhand Minor Mineral Concession Rules, 2004, Section 4/21 of Mines and Minerals (Development & Regulation) Act, 1957, and Rule 7/9 of Jharkhand Minerals (Prevention of Illegal Mining Transportation and Storage) Rule, 2017 pending in the Court of learned Judicial Magistrate, Ranchi. 3. Learned counsel appearing for the petitioners submits that the petitioner No.1 is owner and petitioner No.2 is driver of tipper vehicle in which allegations are made of loading 180 cft. of sand. He further submits that false allegations are made of fleeing away of 2026:JHHC:24471 --2-- A.B.A. No. 4604 of 2026 driver on seeing the police party. He then submits that in the seizure list there is no signature of any person and only name is there. On these grounds, he submits that anticipatory bail may kindly be granted. 4. Learned counsel appearing for the State opposed the prayer and submits that the allegations are there against petitioner No.2 of fleeing away from the spot after seeing the police party. 5. Considering that the petitioner No.1 is owner and petitioner No.2 is driver of tipper vehicle and the allegations are there of loading of 180 cft. of sand on the said tipper vehicle and in the seizure list there is no independent witness, I am inclined to provide anticipatory bail to the petitioners. 6. Accordingly, the petitioners, above named, are hereby directed to surrender before the learned Court within three weeks from today, and in the event of their surrender/arrest, the petitioners, above named, shall be released on bail, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each, with two sureties of the like amount each, to the satisfaction of learned Judicial Magistrate, Ranchi in connection with Tamar P.S. Case No.39 of 2026, subject to the conditions as laid down under Section 482(2) of Bharatiya Nagarik Suraksha Sanhita, 2023. (Sanjay Kumar Dwivedi, J.) Dated 14.08.2026 Sangam/