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2026 DAILYLAW 4155 (JHR)

TIKESHWAR MAHTO v. THE STATE OF JHARKHAND

A.B.A./384/2026 · 2026-01-27

Sanjay Kumar Dwivedi

body2026

Judgment text

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2026:JHHC:1984 1 IN THE HIGH COURT OF JHARKHAND, RANCHI ---- A.B.A. No. 384 of 2026 ---- Tikeshwar Mahto, aged about 32 years, son of Bishun Matho, resident of Village Dunduwa, PO and PS Tandwa, District Chatra, Jharkhand .... Petitioner -- Versus -- The State of Jharkhand .... Opposite Party ---- CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI --- For the Petitioner :- Mr. Rahul Kumar, Advocate For the State :- Mr. Prabir Kr Chatterjee, Advocate ---- 2/27.01.2026 Heard learned counsels for petitioner and for State. 2. The petitioner is apprehending his arrest in connection with Tandwa P.S. Case No.09 of 2025, for offence registered under section 303(2), 317(2) of BNS, 2023, Section 21 of Mines and Mineral (Development and Regulation) Act, Rule 54 of Jharkhand Minor Mineral Concession Rules, and Rule 13 Jharkhand Minerals (Prevention of Illegal Mining, Transportation and Storage) Rules, pending in court of learned A.C.J.M., Chatra. 3. Learned counsel for petitioner submits that the petitioner happened to be driver of the tractor in question and allegation is made of loading 100 cft sand on the said tractor. He further submits that the owner of other tractor has been granted anticipatory bail in ABA No.4734 of 2025 and the petitioner has got no criminal antecedent as disclosed in paragraph no.14. He next submits that the petitioner is earning his livelihood by way of driving the said 2026:JHHC:1984 2 vehicle. 4. Learned State counsel opposes prayer and submits that the petitioner happened to be driver and allegation is made of illegally carrying the sand in question. 5. Considering that petitioner happened to be driver of the tractor in question and owner of other tractor has been granted anticipatory bail in ABA No.4734 of 2025 and the petitioner has got no criminal antecedent as disclosed in paragraph no.14, 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 A.C.J.M., Chatra, in connection with Tandwa P.S. Case No.09 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/