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2026 DAILYLAW 3706 (JHR)

DULAL SEKH v. THE STATE OF JHARKHAND

A.B.A./372/2026 · 2026-01-27

Sanjay Kumar Dwivedi

body2026

Judgment text

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( 2026:JHHC:1905 ) IN THE HIGH COURT OF JHARKHAND AT RANCHI A. B. A. No. 372 of 2026 Dulal Sekh, aged about 37 years, son of Asgar Saikh, resident of village- Chandipur, Post Office-Sultanpur, Police Station-Nalhati, District-Birbhum (West Bengal) ...... … Petitioner Versus The State of Jharkhand .…. … Opposite Party -------- CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI For the Petitioner :Mrs. Nitu Sinha, Advocate For the State : Mr. Prabir Kr. Chatterjee, Spl.P.P. 02/ 27.01.2026: Heard learned counsel for the petitioner and learned counsel for the State. 2. The petitioner is apprehending his arrest in connection with Maheshpur (Raddipur O.P.) P.S. Case No. 180 of 2025, registered under sections 303(2), 317(2) read with 3(5) of BNS, under sections 4, 54 of Jharkhand Minor Minerals Concession Rule (JMMC Rule), Rules 7, 9 of Jharkhand Minerals (Prevention of illegal Mining Transportation and Storage) Rules, 2017 and sections 4, 21 of Mines and Minerals (Development & Regulation) Act, (MMRD Act) pending in the Court of learned Chief Judicial Magistrate, Pakur. 3. Learned counsel for the petitioner submits that petitioner is owner-cum-driver of the tractor in question and allegation is made that 350 cft stone chips was loaded on the said tractor. She further submits that said stone chips was being carried on valid challan in view of Annexure-2. She further submits that petitioner has got no criminal antecedent which is disclosed in para 7 of the petition. On these grounds, she submits that the petitioner may kindly be provided privilege of anticipatory bail. 4. Learned counsel for the State opposes the prayer and submits that illegally stone chips was carried on the said tractor. 5. Annexure-2 is document which suggests that Challan is there ( 2026:JHHC:1905 ) however, that is in dispute and further petitioner is owner-cum-driver of tractor in question and he has got no criminal antecedent which is disclosed in para 7 of the petition, I am inclined to grant anticipatory bail to the petitioner. Accordingly, the above named, petitioner is directed to surrender before the learned court within three weeks from today and in the event of his surrender / arrest, the petitioner shall be released on bail, on furnishing bail bonds of Rs. 25,000/- (twenty five thousand) with two sureties of the like amount each, to the satisfaction of learned Chief Judicial Magistrate, Pakur, in connection with Maheshpur (Raddipur O.P.) P.S. Case No. 180 of 2025, subject to conditions as laid down under Section 482 (2) of B.N.S.S, 2023. Dt.27.01.2026 ( Sanjay Kumar Dwivedi, J.) satyarthi-