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2026:JHHC:512 1
IN THE HIGH COURT OF JHARKHAND, RANCHI
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A.B.A. No. 7540 of 2025
---- Manish Kumar, aged about 33 years son of Umashankar Prasad, resident of Village Harajpur, PO Harajpur, PS Laxmipur, District East Champaran, Bihar
.... Petitioner -- Versus --
The State of Jharkhand
.... Opposite Party
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CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI
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For the Petitioner
:- Mr. Anurag Kashyap, Advocate
Mrs Supriya Dayal, Advocate
Mr. Bashwat Prakash, Advocate
For the State
:- Mr. Vishwanath Roy, Advocate
---- 2/09.01.2026 Heard learned counsels for petitioner and for State.
2.
The petitioner is apprehending his arrest in connection with Herhanj PS Case No.40 of 2025, for offence registered under sections 303(2), 317(2), read with 3(5) of BNS, 2023 and Rule 54 of Jharkhand Mines and Minerals Concessions Rules, 2004, Section 4 and 21 of Mines and Minerals (Development and Regulation) Act, 1957 (as amended) and Rules, 7,9 and 13 of Jharkhand Minerals (Prevention of Illegal Mining, Transportation and Storage) Rules, 2017, pending in court of learned Chief Judicial Magistrate, at Latehar.
3.
Learned counsel for petitioner submits that allegations are made of storing of the sand to the tune of 2800 cft at the construction site of M/s Dinesh Chandra Agrawal Infracon Pvt. Ltd. He further submits that at that time, the petitioner was Project Manager of the said Company, however, now the petitioner has
2026:JHHC:512 2
resigned from the said Company. He next submits that the sand in question has ben purchased through the legal challan as contained in Annexure-2.
4. Learned State counsel opposes prayer and submits that Annexure-2 is doubtful.
5.
Considering that the petitioner was the Project Manager of M/s Dinesh Chandra Agrawal Infracon Pvt. Ltd and Annexure-2 is the document which prima-facie suggest that the challans are there, however, that has been disputed by the learned counsel appearing on behalf of the respondent State and it is stated in paragraph no.10 that the petitioner has got no criminal antecedent, I am inclined to grant anticipatory bail to petitioner.
6. Accordingly, petitioner, above named, is hereby directed to surrender before learned court within four weeks from today, and in event of his surrender/arrest, petitioner, above named, shall be released on bail, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand), with two sureties of like amount each, to satisfaction of learned Chief Judicial Magistrate, at Latehar, in connection with Herhanj PS Case No.40 of 2025, subject to the conditions as laid down under section 482(2) of Bhartiya Nagrik Suraksha Sanhita (BNSS), 2023.
( Sanjay Kumar Dwivedi, J.) 09.01.2026 SI/