MD ASMAUL SHEKH ALIAS MD ASMAUL SK v. THE STATE OF JHARKHAND
A.B.A./1891/2026 · 2026-04-22
Sanjay Kumar Dwivedi
body2026
DailyLaw.ai
[ 2026 DAILYLAW 7693 (JHR) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 7693 (JHR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
2026:JHHC:11871
1
IN THE HIGH COURT OF JHARKHAND, RANCHI
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A.B.A. No. 1891 of 2026
---- 1.Md. Asmaul Shekh @ Md. Asmaul Sk. aged about 26 years son of Abdul Khalek, resident of Village Siteshnagar, Post Office Siteshnagar, PS Pakur (M), District Pakur, Jharkhand 2.Sallam Shekh @ Sallam Sk. aged about 48 years son of Kabiruddin Sk., resident of Village Anjana PO-Jaykisto, PS Pakur (M) District Pakur, Jharkhand .... Petitioners -- Versus --
The State of Jharkhand
.... Opposite Party
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CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI
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For the Petitioners
:- Mrs Nitu Sinha, Advocate
For the State
:- Mr. Rakesh Kr. Sinha, APP
---- 2/22.04.2026 Heard learned counsels for petitioners and for State.
2.
The petitioners are apprehending their arrest in connection with Pakur Town P.S. Case No.39 of 2026 for offence registered under section 303(2), 317(2), 3(5) of BNS, 2023, sections 4 and 41 of Mines and Minerals (Development and Regulation) Act, 1957 and Rule 54 of Jharkhand Minor Mineral Concessions Rules, 2009 and Rules 7,9 and 13 of Jharkhand Minerals (Prevention of Illegal Mining, Transportation and Storage) Rules, 2017, pending in court of learned Chief Judicial Magistrate, Pakur.
3.
Learned counsel for the petitioners submits that the petitioner no.1 is owner and petitioner no.2 is driver of the vehicle in question and the allegations are made of loading 1400 cft stone chips on the said vehicle. She submits that the petitioners are
2026:JHHC:11871
2
having no criminal antecedent as disclosed in paragraph no.8 of the petition.
4. Learned State counsel opposes prayer and submits that illegally the stone chips were being loaded on the said Hywa truck.
5. Considering that the petitioner no.1 is the owner and petitioner no.2 is the driver of the vehicle in question and they are having no criminal antecedent as aforesaid, and in that view of the matter, both the petitioners, above named, are, hereby, directed to surrender before learned court within two weeks from today, and learned court shall release both the petitioners, above named, on such terms and conditions as well as sureties as the learned court may deem fit and proper.
6. A.B.A. No.1891 of 2026 is disposed of.
( Sanjay Kumar Dwivedi, J.) 22.04.2026 SI/