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2026 DAILYLAW 3907 (JHR)

ABDULLA SK ALIAS ABDULLAH v. THE STATE OF JHARKHAND

A.B.A./505/2026 · 2026-01-30

Sanjay Kumar Dwivedi

body2026

Judgment text

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2026:JHHC:2450 --1-- A.B.A. No. 505 of 2026 IN THE HIGH COURT OF JHARKHAND, RANCHI A.B.A. No. 505 of 2026 ---- Abdulla Sk @ Abdullah Sk., aged about 40 years, S/o Islam Sk, R/o village – Dangapara, PO – Mahalandi, PS – Kandi, District – Murshidabad, West Bengal .... Petitioner -- Versus -- The State of Jharkhand .... Opposite Party ---- CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI --- For the Petitioner :- Mr. Yuvraj Singh, Advocate For the State :- Mr. Arup Kr. Dey, Advocate ---- 02/30.01.2026 Heard learned counsel appearing for the petitioner as well as the learned counsel appearing for the State. 2. The petitioner is apprehending his arrest in connection with Shikaripara P.S. Case No.115 of 2025, for the alleged offences registered under Sections 303(2) and 3(5) of Bharatiya Nyaya Sanhita, 2023, Section 4/21 of Mines and Minerals (Development & Regulation) Act, 1957, Rule 4/54 of Jharkhand Minor Mineral Concession Rules, 2004 and Rule 9/13 of Jharkhand Minerals (Prevention of Illegal Mining Transportation and Storage) Rule, 2017 pending in the Court of learned A.C.J.M, Dumka. 3. Learned counsel appearing for the petitioner submits that the petitioner happened to be driver of hywa truck and the allegations are made that on 21 hywa trucks loading 1000 cft. sand on each of the hywa and the said sand was being transported on the valid challan, however, certain hour was already passed with regard to the validity of the said challan. He further submits that the petitioner has got no criminal 2026:JHHC:2450 --2-- A.B.A. No. 505 of 2026 antecedent as disclosed in paragraph No.22 of the petition. He then submits that owner has already been granted anticipatory bail in A.B.A. No.321 of 2026. 4. Learned counsel appearing for the State opposes the prayer and submits that the allegations are there against the petitioner of illegally loading 1000 cft. of sand. 5. The documentation for mineral transportation is the part of FIR, however, it transpires that there were certain delay of transporting the said sand that too by way of certain hours and the owner of hywa has already been granted anticipatory bail by this Court in the aforesaid ABA and the petitioner has got no criminal antecedent as disclosed in paragraph No.22 of the petition, I am inclined to provide anticipatory bail to the petitioner. 6. Accordingly, the petitioner, above named, is hereby directed to surrender before the learned Court within three weeks from today, and in the event of his surrender/arrest, the petitioner, above named, shall be released on bail, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand), with two sureties of the like amount each, to the satisfaction of learned A.C.J.M, Dumka in connection with Shikaripara P.S. Case No.115 of 2025, subject to the conditions as laid down under Section 482(2) of Bharatiya Nagarik Suraksha Sanhita, 2023. (Sanjay Kumar Dwivedi, J.) Dated 30.01.2026 Sangam/