2026:JHHC:26045 --1-- A.B.A. No. 4937 of 2026 IN THE HIGH COURT OF JHARKHAND, RANCHI A.B.A. No. 4937 of 2026 ---- 1. Ajmaul Shekh, aged about 25 years, son of Mofijuddin Shekh, resident of village – Jankinagar, PO – Prithinagar, PS – Pakur (M), District – Pakur, Jharkhand 2. Mobarak Shekh @ Mobarak sk, aged about 26 years, S/o Anjarul Shekh, resident of village – Raghunandanpur (Chanchki), PO – Pritiwinagar, PS – Pakur, District – Pakur, Jharkhand .... Petitioners -- Versus -- The State of Jharkhand .... Opposite Party ---- CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI --- For the Petitioners :- Mr. Om Prakash, Advocate For the State :- Mr. Rakesh Kr. Sinha, Advocate ---- 02/29.08.2026 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 Jamtara P.S. Case No.32 of 2026, for the alleged offences registered under Sections 303(2), 317(2) and 318(4) of Bharatiya Nyaya Sanhita, 2023, Section 4 and 21 of Mines and Minerals (Development and Regulation) Act and Rule 9 and 13 of Jharkhand Minerals (Prevention of Illegal Mining Transportation and Storage) Rule, 2017 pending in the Court of learned C.J.M., Jamtara. 3. Learned counsel appearing for the petitioners submits that the petitioners are driver of two different trucks. He further submits that the coal was being transported on the valid challan and even tax invoice is there in spite of that the case has been registered and those documents 2026:JHHC:26045 --2-- A.B.A. No. 4937 of 2026 are also the part of the FIR. He then submits that the petitioners have got no criminal antecedent as disclosed in paragraph No.12 of the petition. 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 of carrying coal in absence of valid documents. 5. In the FIR there are e-way bill and tax invoice are also annexed which prima facie suggests that documents were there, however, that is in dispute and that is the subject matter of investigation and trial and petitioners are said to be drivers and they have got no criminal antecedent as disclosed in paragraph No.12 of the petition. In the attending facts and circumstances of this case, 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 C.J.M., Jamtara in connection with Jamtara P.S. Case No.32 of 2026, subject to the conditions as laid down under Section 482(2) of Bharatiya Nagarik Suraksha Sanhita, 2023. (Sanjay Kumar Dwivedi, J.) Dated 29.08.2026 Sangam/