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2026 DAILYLAW 4014 (JHR)

MD MASADUL ISLAM v. THE STATE OF JHARKHAND

A.B.A./343/2026 · 2026-01-22

Sanjay Kumar Dwivedi

body2026

Judgment text

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2026:JHHC:1746 1 IN THE HIGH COURT OF JHARKHAND, RANCHI ---- A.B.A. No. 343 of 2026 ---- 1.Md. Masadul Islam, aged about 42 years, son of Md. Ferestullah Biswas, resident of Village Abhirampur, PO and PS Daulatabad, District Murshidabad, West Bengal 2.Rabiul Sk. @ Rabiul Islam, aged about 35 years, son of Ansari Sk, resident of Village Chaudanga, PO and PS Daulatabad, District Murshidabad, West Bengah .... Petitioners -- Versus -- The State of Jharkhand .... Opposite Party ---- CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI --- For the Petitioners :- Mr. Pratik Sen, Advocate For the State :- Mr. Bishwambhar Shastri, Advocate ---- 2/22.01.2026 Heard learned counsels for petitioners and for the State. 2. The petitioners are apprehending their arrest in connection with Shikaripara PS Case No.115 of 2025, for offence registered under section 303(2), 3(5) of BNS, 2023 and section 4 and 21 of Mines and Minerals (Development and Regulation) Act, 1957, under section 4 and 54 of Jharkhand Minor Minerals Concessions Rules, 2004 and Rules 9 and 13 of Jharkhand Mines and Mineral (Prevention of Illegal Mining, Transportation and Storage) Rule, 2017, pending in court of learned ACJM, Dumka. 3. Learned counsel for petitioners submits that the petitioners are the owners of two different trucks and the allegations are made of illegally loading of the sand in question. He also submits that the 2026:JHHC:1746 2 said sand was being carried on the valid documentation for transportation of the same and that is the part of the FIR. He next submits that the petitioners have got no criminal antecedent as disclosed in paragraph no.15 of the petition. 4. Learned State counsel opposes prayer and submits that illegally the sand in question was loaded on the said trucks. 5. Considering that the petitioners are the owners of two different trucks and the documents for transportation of the same are the part of the FIR itself, however, that is in dispute, and prima facie it appears that certain documents are there and the petitioners have got no criminal antecedent as aforesaid, I am inclined to grant anticipatory bail to petitioners. 6. Accordingly, petitioners, above named, are 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 ACJM, Dumka, in connection with Shikaripara PS Case No.115 of 2025, subject to the conditions as laid down under section 482(2) of Bhartiya Nagrik Suraksha Sanhita (BNSS), 2023. ( Sanjay Kumar Dwivedi, J.) 22.01.2026 SI/