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2026 DAILYLAW 5791 (JHR)

SUKHDEV PAUL v. THE STATE OF JHARKHAND

A.B.A./1570/2026 · 2026-04-13

Sanjay Kumar Dwivedi

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2026:JHHC:10554] -1- IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 1570 of 2026 1. Sukhdev Paul, aged about 44 years, S/o Anil Kumar Paul, R/o- 29 Village- Chandanpur, P.O. & P.S.-Shyam Sundarpur, District- East Singhbhum (Jharkhand). 2. Suresh Murmu, aged about 30 years, S/o- Durga Murmu, R/o- Village- Gargriya, P.O. & P.S.-Pitajuri, District- East Singhbhum (Jharkhand)). ..... … Petitioners Versus The State of Jharkhand ..... … Opposite Party -------- CORAM : HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI ------ For the Petitioners : Mrs. Vani Kumari, Advocate. For the State : Mr. Abhay Kumar Tiwari, A.P.P. ------ 03/ 13.04.2026 Heard learned counsel for the petitioners and learned A.P.P for the State. 2. The petitioners are apprehending their arrest in connection with Shayamsundarpur P.S. Case No. 21 of 2025, registered for the offence under Sections 303(2), 317(5) 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 7/9/13 of the 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 appearing for the petitioners submits that the petitioners are drivers of two different tractors and it has been alleged that on both the tractors, 100 CFT sand each was being carried. She next submits that the petitioners are having no criminal antecedent and disclosure to that effect has been made in para-10 of the petition. She further submits that the petitioners have already replied to the [2026:JHHC:10554] -2- notice issued under Section 35(3) of Bharatiya Nagarik Suraksha Sanhita, 2023. 4. Learned A.P.P. appearing for the State has opposed the prayer and submits that illegally the sand was being carried on both the tractors. 5. Considering that both the petitioners are the drivers of two different tractors and they are having no criminal antecedent and disclosure to that effect has been made in para-10 of the petition and further the petitioners have already replied to the notice issued under Section 35(3) of Bharatiya Nagarik Suraksha Sanhita, 2023, 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:-13.04.2026 Amitesh/-