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2026 DAILYLAW 4093 (JHR)

BUDDHA NATH GHOSH v. THE STATE OF JHARKHAND

A.B.A./484/2026 · 2026-01-30

Sanjay Kumar Dwivedi

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

( 2026:JHHC:2417 ) IN THE HIGH COURT OF JHARKHAND AT RANCHI A. B. A. No. 484 of 2026 Buddha Nath Ghosh, aged about 39 years, son of Sadhan Ghosh, resident of Village-Gokarna, P.O. Gokarna, P.S. 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. Fahad Allam, A.P.P. 02/ 30.01.2026: Heard learned counsel for the petitioner and learned counsel for the State. 2. The petitioner is apprehending his arrest in connection with Shikaripara P.S. Case No. 115 of 2025, registered under sections 303(2) and 3(5) of the BNS, 2023, sections 4/21 of Mines and Minerals (Development & Regulation) Act, 1957, under Rule 4/54 Jharkhand Minor Minerals Concession Rule, 2004 and Rules 9/13 of Jharkhand Minerals (Prevention of illegal Mining Transportation and Storage) Rules, 2017 pending in the Court of learned A.C.J.M, Dumka. 3. Learned counsel for the petitioner submits that petitioner happens to be driver of one of the hywa truck and allegations are made that on 21 hywas 1000 cft sand was loaded on the each of the hywas. He submits that petitioner has got no criminal antecedent which is disclosed in para 22 of the petition and owners of the different vehicles have been granted anticipatory bail in A.B.A No. 291 of 2026 and A.B.A. No. 323 of 2026. He further submits that sand was being carried on valid challan however dispute was with regard to timing of certain hours. On these grounds, he submits that the petitioner may kindly be provided privilege of anticipatory bail. 4. Learned counsel for the State opposes the prayer and submits ( 2026:JHHC:2417 ) that illegally the sand was carried out on the said vehicles. 5. Considering that petitioner happens to be owner of the hywa truck, he has got no criminal antecedent which is disclosed in para 22 of the petition and owners of the another vehicle have been granted anticipatory bail in the aforesaid A.B.As and only dispute was with regard to timing of certain hours of challan, I am inclined to grant anticipatory bail to the petitioner. Accordingly, the above named, petitioner is directed to surrender before the learned court within three weeks from today and in the event of his surrender / arrest, the petitioner shall be released on bail, on furnishing bail bonds of Rs. 25,000/- (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 conditions as laid down under Section 482 (2) of B.N.S.S, 2023. Dt.30.01.2026 ( Sanjay Kumar Dwivedi, J.) satyarthi-