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2026 DAILYLAW 5158 (JHR)

CHANDAN KUMAR v. THE STATE OF JHARKHAND

A.B.A./283/2026 · 2026-01-20

Sanjay Kumar Dwivedi

body2026

Judgment text

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2026:JHHC:1504 --1-- A.B.A. No. 283 of 2026 IN THE HIGH COURT OF JHARKHAND, RANCHI A.B.A. No. 283 of 2026 ---- Chandan Kumar, aged about 29 years, son of Lalmani Sahu, resident of village – Jaridih, PO and PS – Birni, District – Giridih .... Petitioner -- Versus -- The State of Jharkhand .... Opposite Party ---- CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI --- For the Petitioner :- Mr. Vijay Kr. Roy, Advocate For the State :- Mrs. Vandana Bharti, Advocate ---- 04/20.01.2026 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 Dhanwar P.S. Case No.241 of 2025, for the alleged offences registered under Sections 317(4), 317(5) and 3(5) of Bharatiya Nyaya Sanhita, 2023, Rule 4/54 of Jharkhand Minor Mineral Concession Rules, 2004, Section 4/21 of Mines and Minerals (Development & Regulation) Act, 1957 and Rule 7/9 of Jharkhand Minerals (Prevention of Illegal Mining Transportation and Storage) Rule, 2017 pending in the Court of learned Judicial Magistrate 1st Class, Giridih. 3. Learned counsel appearing for the petitioner submits that the petitioner is the owner-cum-driver of the Tractor in question and the allegations are made that 100 cft. sand was being carried in the said tractor. He submits that the said sand was being carried for 2026:JHHC:1504 --2-- A.B.A. No. 283 of 2026 construction of Abua Awaas. He further submits that the petitioner has got no criminal antecedent as disclosed in paragraph No.11 of the petition. 4. Learned counsel appearing for the State opposes the prayer and submits that illegally sand was being carried. 5. Considering that the petitioner is the owner-cum-driver of the Tractor in question and it has been pointed out that for construction of Abua Awas said sand was being carried and the petitioner has got no criminal antecedent as disclosed in paragraph No.11 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 Judicial Magistrate 1st Class, Giridih in connection with Dhanwar P.S. Case No.241 of 2025, subject to the conditions as laid down under Section 482(2) of Bharatiya Nagarik Suraksha Sanhita, 2023. (Sanjay Kumar Dwivedi, J.) Dated 20.01.2026 Sangam/