2026:JHHC:456 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI ABA No.7545 of 2025 Pyari Yadav aged about 43 years son of Bandhan Yadav, resident of village Chete, P.O. Udaypur, and P.S. Ramkanda, District Garhwa. …. Petitioner Versus The State of Jharkhand … Opp. Party -------- CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI ------ For the Petitioner : Ms. Neelam Kumari, Advocate For the State : Mr. Prabir Kr. Chatterjee, Spl. P.P. ------ 2/09.01.2026 Heard learned counsel appearing on behalf of Petitioner and learned counsel appearing on behalf of the State. 2. The petitioner is apprehending his arrest in connection with Ramkanda P.S. Case No. 26 of 2024, for the offences under sections 303(2) & 317(4) of Bharatiya Nyaya Sanhita, 2023, Sections 4 & 21 of MMDR Act and Rules 7/11 of Jharkhand Mineral (Prevention of Illegal Mining, Transportation, Storage) Rules, 2017, pending in the court of learned Judicial Magistrate, 1st Class, Garhwa. 3. Learned counsel appearing for the petitioner submits that the allegations are made against the Petitioner in the FIR of storing sand at a particular place. She next submits that the petitioner has nothing to do with the stored sand and the name of the petitioner has been taken by one of the villagers and in the FIR, the name of the villager, who has taken the name of the petitioner, has not been disclosed. She also submits that the petitioner was having two criminal antecedents, however, in those cases, the petitioner has already been acquitted and that statement has been made in Para 12 of the petition. 4. Learned counsel appearing for the State opposed the prayer and 2026:JHHC:456 2 submits that one of the villagers has taken the name of the petitioner. 5. Looking into the contents of the FIR, it transpires that the person, who has taken the name of the petitioner, his name has not been disclosed. Although, the petitioner was having two criminal antecedents, however, it has been pointed out that the petitioner has been acquitted in both cases. There is nothing specific that the petitioner has stored the said sand on a particular place. In view of the above, I am inclined to grant anticipatory bail to the petitioner. 6. Accordingly, the petitioner, above named, is directed to surrender before the learned Court within three weeks from the date of receipt of the order and on the event of his surrender / arrest, he shall be released on bail on furnishing bail bond of Rs.25,000/- (Twenty-Five Thousand) with two sureties of the like amount of each to the satisfaction of learned Judicial Magistrate, 1st Class, Garhwa, in connection with Ramkanda P.S. Case No. 26 of 2024, subject to the condition as laid down under Section 482(2) of Bharatiya Nagarik Suraksha Sanhita, 2023. 7. This Anticipatory Bail Application is accordingly allowed and disposed of. (Sanjay Kumar Dwivedi, J.) 09.01.2026 R.Kumar