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2026 DAILYLAW 4890 (JHR)

JIYARAT SK v. THE STATE OF JHARKHAND

A.B.A./1385/2026 · 2026-04-06

Sanjay Kumar Dwivedi

body2026

Judgment text

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[2026:JHHC:9631] -1- IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 1385 of 2026 1. Jiyarat Sk. aged about 42 years S/o Kalu Sk., Resident of Village Bagdipara, Gokarna, P.O+P.S Kandi, District- Murshidabad (West Bengal). 2. Indrajit Bayen aged about 29 years S/o Sushantha Bayen, Resident of Village- Gokarnar, P.O+P.S Kandi, District- Murshidabad (West Bengal). ..... … Petitioners Versus The State of Jharkhand ..... … Opposite Party -------- CORAM : HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI ------ For the Petitioners : Mr. Ashish Kumar Thakur, Advocate. For the State : Mr. B. Shastri, A.P.P. ------ 03/ 06.04.2026 Heard learned counsel for the petitioners and learned A.P.P for the State. 2. The petitioners are apprehending their arrest in connection with Shikaripara P.S. Case No. 115 of 2025, registered for the offence under Sections 303(2) and 3(5) of Bharatiya Nyaya Sanhita, 2023, Section 4/21 of the Mines and Minerals (Development and Regulation) Act, 1957, Rule-4/54 of Jharkhand Minor Mineral Concession Rules, 2004, Rule 9/13 of the Jharkhand Minerals (Prevention of Illegal Mining Transportation and Storage) Rules, 2017, pending in the court of learned Additional Chief Judicial Magistrate, Dumka. 3. Learned counsel appearing for the petitioners submits that the petitioners are the drivers of two different Hywa trucks and allegations are made that on each of the truck, 1000 CFT sand was being carried. He next submits that 21 trucks have been intercepted in the present case and in the identical situation, the owner and driver of other hywa truck have already been provided the privilege of [2026:JHHC:9631] -2- anticipatory bail in A.B.A. No. 839 of 2026 and other co-accused persons have also been provided the privilege of anticipatory bail in A.B.A. Nos. 421, 422, 505 and 946 of 2026 respectively by this court. He further submits that the petitioners are having no criminal antecedent and disclosure to that effect has been made in para-21 of the petition. 4. Learned A.P.P. appearing for the State has opposed the prayer and submits that illegally the sand on several trucks was being carried. 5. Considering that the petitioners are the drivers of two different hywa trucks and the other co-accused persons have already been provided the privilege of anticipatory bail in the aforementioned A.B.As and further they are having no criminal antecedent and disclosure to that effect has been made in para-21 of the petition, in that view of the matter, the petitioners, named above, are directed to surrender before the learned Court within two weeks from today and the learned Court shall release the petitioners on such terms and conditions or the sureties as the learned Court may deem fit and proper. (Sanjay Kumar Dwivedi, J.) Dated:-06.04.2026 Amitesh/-