RAKESH KUMAR ALIAS RAKESH KUMAR YADAV v. THE STATE OF JHARKHAND
A.B.A./1129/2026 · 2026-04-07
Sanjay Kumar Dwivedi
body2026
DailyLaw.ai
[ 2026 DAILYLAW 3103 (JHR) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 3103 (JHR) · dailylaw.ai ]
Judgment text
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2026:JHHC:9759 IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No. 1129 of 2026
------ Rakesh Kumar @ Rakesh Kumar Yadav, son of Haricharan Prasad @ Harisharan Yadav, resident of Bari Bhagiyamari, Sakribazar, Sakrigali Ghat, P.O. & P.S. Sahibganj, District Sahibganj
.... .... …. Petitioner
Versus The State of Jharkhand .... .... .... Opposite Party
CORAM : HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI
For the Petitioner : Mr. Deepak Sahu, Advocate
For the State
: Mr. Prabir Chatterjee, Special P.P.
------
02/07.04.2026 Heard learned counsel for the petitioner and learned A.P.P for the State.
2.
The petitioner is apprehending his arrest in connection with Borio (J) P.S. Case No. 293 of 2019, registered for the offence under Section 379 of the Indian Penal Code and Rule 4/54 of Jharkhand Minor Mineral Concession Rules, 2004 pending in the Court of learned Chief Judicial Magistrate, Sahibganj.
3.
Learned counsel appearing for the petitioner submits that the petitioner happens to be owner of the tractor and allegations are made of carrying stone chips on the said tractor. He submits that the petitioner is not having criminal antecedent as disclosed in para 22 of the petition. He further submits that even in the seizure list, there is no seizure of stone chips.
4.
Learned Special P.P. appearing for the State has opposed the prayer and submits that tractor along with drill machine have been seized.
5.
Considering that the petitioner is owner and he is not having criminal antecedent as disclosed in para 22 of the petition and in the seizure list, there is no recovery of stone chips, wherein the allegations are made of carrying stone chips on the said tractor, and 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.)
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