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2026 DAILYLAW 3895 (JHR)

KULDIP SAW v. STATE OF JHARKHAND

A.B.A./496/2026 · 2026-01-30

Sanjay Kumar Dwivedi

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2026:JHHC:2412 1 IN THE HIGH COURT OF JHARKHAND, RANCHI ---- A.B.A. No. 496 of 2026 ---- Kuldip Saw aged about 43 years son of Narayan Saw resident of Village Kandaber, PO Kandaber, PS Keredari, District Hazaribagh, Jharkhand .... Petitioner -- Versus -- The State of Jharkhand .... Opposite Party ---- CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI --- For the Petitioner :- Mr. Sahil, Advocate For the State :- Mr. Rakesh Kr. Sinha, Advocate ---- 2/30.01.2026 Heard learned counsels for petitioner and for State. 2. The petitioner is apprehending his arrest in connection with Balumath PS Case No.120 of 2025, for offence registered under section 318(4), 338, 336(3), 340(2) of BNS, 2023, Section 21, and 4(1A) of Mines and Minerals (Development and Regulation) Act, 1957, Rules 7 and 9 of Jharkhand Minerals (Prevention of Illegal Mining, Transportation and Storage) Rules, 2017, pending in court of learned Chief Judicial Magistrate, Latehar. 3. Learned counsel for petitioner submits that the petitioner happened to be owner of Hywa truck and the allegations are made of loading 32 tons of coal illegally. He next submits that the petitioner is having valid challan, however, due to defect arising all of a sudden in the vehicle, the delay has occurred. He next submits that the petitioner has got no criminal antecedent as disclosed in paragraph no.9. 2026:JHHC:2412 2 4. Learned State counsel opposes prayer and submits that the challan was found to be forged. 5. Considering that the said challan is the part of the FIR which prima facie suggest that the petitioner was having challan, however, it is in dispute and the petitioner is having no criminal antecedent and the petitioner happened to be the owner of the said Hywa vehicle, I am inclined to grant anticipatory bail to petitioner. 6. Accordingly, petitioner, above named, is hereby directed to surrender before learned court within four weeks from today, and in event of his surrender/arrest, petitioner, 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 Chief Judicial Magistrate, Latehar, in connection with Balumath PS Case No.120 of 2025, subject to the conditions as laid down under section 482(2) of Bhartiya Nagrik Suraksha Sanhita (BNSS), 2023. ( Sanjay Kumar Dwivedi, J.) 30.01.2026 SI/