ALAMGIR ALAM ALIAS ALAMGIR ALAM v. THE STATE OF JHARKHAND
A.B.A./385/2026 · 2026-01-27
Sanjay Kumar Dwivedi
body2026
DailyLaw.ai
[ 2026 DAILYLAW 3828 (JHR) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 3828 (JHR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
2026:JHHC:1995 1
IN THE HIGH COURT OF JHARKHAND, RANCHI
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A.B.A. No. 385 of 2026
---- 1.Alamgir Alam @ Alamgir Alaim, aged about 36 years, son of Barik Sheikh, at Chaksapur, PO and PS Samserganj, District Murshidabad, West Bengal, at present resident of Village Anjana, PO Pakur, PS Pakur (M) District Pakur, Jharkhand 2.Parvej Mosaraf, aged about 26 years, son of Anamul Shaikh, resident of Village Chandpur, PO Pakur, P.S. Pakur(T), District Pakur, Jharkhand
.... Petitioners -- Versus --
The State of Jharkhand
.... Opposite Party
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CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI
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For the Petitioner
:- Mr. Rajeeva Sharma, Sr.Advocate
For the State
:- Mr. Subodh Kr Dubey, Advocate
---- 2/27.01.2026 Heard learned counsels for petitioner and for State.
2.
The petitioners are apprehending their arrest in connection with Pakur (M) P.S. Case No.263 of 2025, for offence registered under section 303(2), 318(4), 338, 340(2), 3(5) of BNS, 2023, Section 4/21 of Mines and Minerals (Development and Regulation) Act, 1957, Rule 54 of Jharkhand Minor Minerals Concessions Rules, 2004 and Rules 7,9,13 of Jharkhand Minerals (Prevention of Illegal Mining Transportation and Storage) Rules, 2017, pending in court of learned S.D.J.M., Pakur.
3.
Learned counsel for petitioners submits that petitioner no.1 is owner and petitioner no.2 is driver of Hywa truck and allegation is made that stone chips were alleged to be illegally carried in the said vehicle. He also submits that when the vehicle was intercepted by
2026:JHHC:1995 2
police the driver has produced challan which is part of FIR itself. He also submits that the petitioners have got no criminal antecedent as disclosed in paragraph no.16.
4. Learned State counsel opposes prayer and submits that illegally the stone chips were loaded on the said hywa truck.
5.
The transportation challan in question is the part of the FIR itself which prima facie suggest that challan was there, however, it is in dispute and the petitioner has got no criminal antecedent and they are said to be owner and driver respectively, I am inclined to grant anticipatory bail to both the petitioners.
6. Accordingly, both the petitioners, above named, are hereby
directed to surrender before learned court within three weeks from today, and in event of their surrender/arrest, petitioners, above named, shall be released on bail, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand), with two sureties of like amount each, to satisfaction of learned S.D.J.M., Pakur, in connection with Pakur (M) P.S. Case No.263 of 2025, subject to the conditions as laid down under section 482(2) of Bhartiya Nagrik Suraksha Sanhita (BNSS), 2023.
( Sanjay Kumar Dwivedi, J.) 27.01.2026 SI/