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2026 DAILYLAW 5688 (JHR)

NISHITH KUMAR DE v. THE STATE OF JHARKHAND

A.B.A./1415/2026 · 2026-04-08

Sanjay Kumar Dwivedi

body2026

Judgment text

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--1-- Neutral Citation No. (2026:JHHC:10071) IN THE HIGH COURT OF JHARKHAND, RANCHI A.B.A. No. 1415 of 2026 ---- Nishith Kumar De, aged about 43 years, S/o Nityananda De, R/o Kalapunja, P.O. & P.S.- Chakbajit, District- Paschim Mednipur (West Bengal) .... Petitioner -- Versus -- The State of Jharkhand .... Opposite Party ---- CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI --- For the Petitioner :- Mr. P. A. S. Pati, Advocate For the State :- Mr. P. K. Chatterjee, Spl.P.P. ---- 02/08.04.2026 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 Bahragora P.S. Case No. 40 of 2025, registered under sections 303(2)/317(2)/3(5) of BNS, 2023, Section 4/21 of MMDR, 1957, Rule 4/54 of JMMCR, 2004 and Rule 7/13 of Jharkhand Minerals (Prevention of Illegal Mining Transportation and Storage) Rules, 2017, pending in the Court of learned Judicial Magistrate, 1st Class, Ghatshila. 3. Learned counsel for the petitioner submits that petitioner is the driver of truck and the allegations are made that the truck was found in abandon condition loaded with 1100 cft sand. He further submits that petitioner has got no criminal antecedent as disclosed in para 12 of the petition. He next submits that the owner of the said truck has been granted anticipatory bail in A.B.A. No.628 of 2026. 4. Learned counsel for the State opposes the prayer and submits that petitioner is the driver and allegations are there of illegally loading the sand. 5. Considering that the petitioner is the driver and having no --2-- criminal antecedent as disclosed in paragraph no.12 and owner of the truck has been granted anticipatory bail in the aforesaid A.B.A., and in that view of the matter, the petitioner, above named, is directed to surrender before learned court within two weeks from today and learned court shall release petitioner, above named, on such terms and conditions as well as sureties as learned court may deem fit and proper. 6. Accordingly, this anticipatory bail application is disposed of. (Sanjay Kumar Dwivedi, J.) Dated 08.04.2026 Jay/