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2026 DAILYLAW 2584 (JHR)

AAKASH MARJIT ALIAS AKASH MARJIT v. THE STATE OF JHARKHAND

A.B.A./1393/2026 · 2026-04-06

Sanjay Kumar Dwivedi

body2026

Judgment text

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[2026:JHHC:9682] -1- IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 1393 of 2026 Aakash Marjit @ Akash Marjit aged about 36 years S/o Sunil Marjit.. Resident of Village Sukdebpur, Rasulpur P.O+P.S-Nabagram, District- Musrshidabad (West Bengal). ..... … Petitioner Versus The State of Jharkhand ..... … Opposite Party -------- CORAM : HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI ------ For the Petitioner : Mr. Ashish Kumar Thakur, Advocate. For the State : Mr. B. Shastri, A.P.P. ------ 03/ 06.04.2026 Heard learned counsel for the petitioner and learned A.P.P for the State. 2. The petitioner is apprehending his arrest in connection with Shikaripara P.S. Case No. 115 of 2025, registered for the offence under Sections 303(2) and 3(5) of Bharatiya Nyaya Sanhita, 2023, Section 4/21 of the Mines and Minerals (Development and Regulation) Act, 1957, Rule-4/54 of Jharkhand Minor Mineral Concession Rules, 2004, Rule 9/13 of the Jharkhand Minerals (Prevention of Illegal Mining Transportation and Storage) Rules, 2017, pending in the court of learned Additional Chief Judicial Magistrate, Dumka. 3. Learned counsel appearing for the petitioner submits that the petitioner is the driver of Hywa truck and allegations are made that on the said truck, 1000 CFT sand was being carried. He next submits that 21 trucks have been intercepted in the present case and in the identical situation, the owner and driver of other hywa truck have already been provided the privilege of anticipatory bail in A.B.A. No. 839 of 2026 and other co-accused persons have also been provided the privilege of anticipatory bail in A.B.A. Nos. 421, 422, 505, 946 and [2026:JHHC:9682] -2- 1385 of 2026 respectively by this court. He further submits that the petitioner is having no criminal antecedent and disclosure to that effect has been made in para-20 of the petition. 4. Learned A.P.P. appearing for the State has opposed the prayer and submits that illegally the sand on several trucks was being carried. 5. Considering that the petitioner is the driver of the hywa truck and the other co-accused persons have already been provided the privilege of anticipatory bail in the aforementioned A.B.As and further he is having no criminal antecedent and disclosure to that effect has been made in para-20 of the petition, in that view of the matter, the petitioner, named above, is directed to surrender before the learned Court within two weeks from today and the learned Court shall release the petitioner on such terms and conditions or the sureties as the learned Court may deem fit and proper. (Sanjay Kumar Dwivedi, J.) Dated:-06.04.2026 Amitesh/-