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2026 DAILYLAW 5251 (JHR)

RISHI PRAKASH v. STATE OF JHARKHAND

A.B.A./548/2026 · 2026-02-03

Sanjay Kumar Dwivedi

body2026

Judgment text

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2026:JHHC:2716 -1- IN THE HIGH COURT OF JHARKHAND, RANCHI A.B.A. No. 548 of 2026 ---- 1.Rishi Prakash son of Ashok Pandey aged about 29 years, resident of Village Kantari, PO Sargawan PS Aurangabad, District Aurangabad, Bihar 2.Dinesh Kumar son of Rampati Yadav aged about 27 years resident of Village Milki Bagh, PO Sherghati, PS Sherghati, District Gaya, Bijhar .... Petitioners -- Versus -- The State of Jharkhand .... Opposite Party ---- CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI --- For the Petitioner :- Mr. Prashant Kr Rahul, Advocate For the State :- Mr. Prabir Kr Chatterjee, Advocate ---- 2/03.02.2026 Heard learned counsels for petitioners and for State. 2. The petitioners are apprehending their arrest in connection with Hunterganj PS. Case No.199 of 2025, for offence registered under section 317(2), 3(5) of BNS, 2023 and Sections 4 and 21 of Mines and Minerals (Development and Regulation) Act, 1957, Rule 54 of Jharkhand Mines and Minerals Concession Rules, Rule 13 of Jharkhand Mines and Minerals (Prevention of Illegal Mining, Transportation and Storage) Rules, pending in court of learned Judicial Magistrate, First Class, Chatra. 3. Learned counsel for the petitioners submits that the petitioner no.1 is the owner and the petitioner no.2 is the driver of Hywa truck and the allegations are made that 900 cft stone chips was loaded on the said Hywa truck and the petitioners have got no criminal antecedent as disclosed in paragraph no.16 of the petition. 2026:JHHC:2716 -2- 4. Learned State counsel opposes prayer and submits that 900 cft stone chips were being carried on the said Hywa truck. 5. Considering that petitioner no.1 is the owner and the petitioner no.2 is the driver of Hywa truck and the petitioners have got no criminal antecedent as disclosed in paragraph no.16 of the petition, and in that view of the matter, both the petitioners, above named, are directed to surrender before learned court within two weeks from today and learned court shall release the petitioners, above named, on such terms and conditions as well as sureties as learned court may deem fit and proper. 6. This petition is disposed of. ( Sanjay Kumar Dwivedi, J.) 03.02.2026 SI/