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2026 DAILYLAW 6139 (JHR)

PREM BHUIYAN v. THE STATE OF JHARKHAND

A.B.A./1491/2026 · 2026-04-16

Sanjay Kumar Dwivedi

body2026

Judgment text

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2026:JHHC:10856 --1-- A.B.A. No. 1491 of 2026 IN THE HIGH COURT OF JHARKHAND, RANCHI A.B.A. No. 1491 of 2026 ---- Prem Bhuiyan, aged about 36 years, son of Late Dhela Bhuiyan, resident of village – Kochi Lawalong, PO and PS – Lawalong, District - Chatra .... Petitioner -- Versus -- The State of Jharkhand .... Opposite Party ---- CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI --- For the Petitioner :- Mr. Rajesh Kr. Singh, Advocate For the State :- Mr. Manoj Kr. Mishra, Advocate ---- 02/16.04.2026 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 Simariya P.S. Case No.204 of 2025, for the alleged offences registered under Sections 317(5) and 3(5) of Bharatiya Nyaya Sanhita, 2023, Section 21 of Mines and Minerals (Development & Regulation) Act, 1957, Rule 54 of Jharkhand Minor Mineral Concession Rules, 2004 and Rule 7/13 of Jharkhand Minerals (Prevention of Illegal Mining Transportation and Storage) Rule, 2017 pending in the Court of learned Chief Judicial Magistrate, Chatra. 3. Learned counsel appearing for the petitioner submits that the petitioner happened to be owner of the tractor and the allegations are made that 100 cft. sand was being loaded in the said tractor. He further submits that the petitioner has got no criminal antecedent as disclosed in paragraph No.14 of the petition. 2026:JHHC:10856 --2-- A.B.A. No. 1491 of 2026 4. Learned counsel appearing for the State opposed the prayer and submits that illegally sand was being carried in the said tractor. 5. Considering that the petitioner happened to be owner of the tractor and the petitioner has got no criminal antecedent as disclosed in paragraph No.14 of the petition and in that view of the matter the petitioner is directed to surrender before the learned Court within two weeks and the learned Court shall release the petitioner on such terms and conditions or the sureties as the learned Court may deem fit and proper. (Sanjay Kumar Dwivedi, J.) Dated 16.04.2026 Sangam/