Extracted from the PDF above. The PDF is authoritative.
2026:JHHC:12800 IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No. 1961 of 2026
------ Ashok Tirkey, son of Walter Tirkey, resident of Village Khadiya, P.O. and P.S. Gumla, District Gumla
.... .... …. Petitioner
Versus The State of Jharkhand
.... .... .... Opposite Party
CORAM : HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI
For the Petitioner
: Mr. Ashish Kumar Sinha, Advocate
For the State
: Mr. Prabir Chatterjee, Special P.P.
------ 02/30.04.2026
Heard learned counsel for the petitioner and learned counsel for the State.
2.
The petitioner is apprehending his arrest in connection with Gumla P.S. Case No. 426 of 2025, registered for the offence under Sections 303(2) and 317(5) of Bhartiya Nyaya Sanhita, 2023, Rules 4 and 54 of Jharkhand Minor and Minerals Concession Rules, 2004 and Rules 7, and 9 of Jharkhand Mineral (Prevention of Illegal Mining, Transportation and Storage) Rule, 2017 pending in the court of learned Chief Judicial Magistrate, Gumla.
3.
Learned counsel appearing for the petitioner submits that the petitioner happens to be the owner of the tractor and on the said tractor 100 CFT sand was loaded. He next submits that the petitioner is having no criminal antecedent as disclosed in para 12 of the petition. He also submits that owner- cum-driver of another tractor has been granted anticipatory bail by this court in A.B.A. No.1589 of 2026.
4.
Learned counsel appearing for the State has opposed the prayer and submits that the allegations are there of unloading the sand from the tractor.
5.
Considering that the petitioner is the owner of the tractor and no sand was found loaded on the said tractor and petitioner is having no criminal antecedent as disclosed in para 12 of the petition and in identical situation one co-accused has been granted anticipatory bail and in that view of the matter, the petitioner, named above, is directed to surrender before the learned Court within two weeks from today and in the event of his arrest or surrender, he shall be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Gumla, in connection with Gumla P.S. Case No. 426 of 2025, subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
(Sanjay Kumar Dwivedi, J.) Anit Uploaded 04.05.2026