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2026 DAILYLAW 8339 (JHR)

MACHINDER MAHTO v. STATE OF JHARKHAND

A.B.A./53/2026 · 2026-01-12

Sanjay Kumar Dwivedi

body2026

Judgment text

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2026:JHHC:704 --1-- A.B.A. No. 53 of 2026 IN THE HIGH COURT OF JHARKHAND, RANCHI A.B.A. No. 53 of 2026 ---- Machinder Mahto, aged about 49 years, son of Late Krishna Mahto, resident of House No.42, Bandh Toli, Naro, Piska Nagri, PO and PS – Piska Nagri, District – Ranchi, Jharkhand .... Petitioner -- Versus -- The State of Jharkhand .... Opposite Party ---- CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI --- For the Petitioner :- Mr. Dharmendra Kr. Malityar, Advocate For the State :- Mr. Prabir Kr. Chatterjee, Advocate ---- 04/12.01.2026 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 Nagri P.S. Case No.86 of 2022 for the alleged offences registered under Sections 4/21 of Jharkhand Mines and Minerals (Development & Regulation) Act, 1957 and Rule 4, 30, 31, 32 and 54 of Jharkhand Minor Mineral Concession Rules, 2004 pending in the Court of learned J.M. XXII, Ranchi. 3. Learned counsel appearing for the petitioner submits that the petitioner has earlier moved before learned Sessions Judge in A.B.P. No.2475 of 2022 which was rejected by order dated 20.03.2023 thereafter the petitioner has filed another application being A.B.P. No.1721 of 2025 which was allowed by learned Sessions Judge with certain conditions, however, the petitioner has 2026:JHHC:704 --2-- A.B.A. No. 53 of 2026 not complied the same and thereafter again the petitioner has filed Cr. Misc. No.332 of 2025 for extension of surrender which was allowed by order dated 18.10.2025, however, the petitioner has not complied the said order also and thereafter the petitioner has filed Cr. Misc. No.336 of 2025 for modification and additional extension of surrender which was dismissed by order dated 21.11.2025 and thereafter the petitioner again filed A.B.P. No.3421 of 2025 which was dismissed by learned Judicial Commissioner, Ranchi by order dated 01.12.2025. He further submits that there are fresh grounds and in view of that this anticipatory bail application has been filed. 4. Learned counsel appearing for the State opposes the prayer and submits that in A.B.P. No.1721 of 2025 the anticipatory bail was already provided to the petitioner in spite of that the petitioner has not complied the same and thereafter two criminal miscellaneous cases has been filed out of which one is allowed and other one has been further rejected. He submits that there are no other fresh grounds to file the present anticipatory bail application before this Court. 5. In view of the above it transpires that this ABA has been preferred against the A.B.P. No.3421 of 2025 prior to that the petitioner was already granted anticipatory bail by learned Sessions Judge in A.B.P. No.1721 of 2025 with certain conditions and Cr. Misc. No.332 of 2025 was file for extension of surrender which was also allowed by order dated 18.10.2025 and further Cr. Misc. No.336 2026:JHHC:704 --3-- A.B.A. No. 53 of 2026 of 2025 was filed for modification and additional extension of surrender which was further rejected by order dated 21.11.2025 and the petitioner was already provided privilege of anticipatory bail by learned Sessions Judge. In the aforesaid background, this anticipatory bail application is not fit to be entertained, as such this anticipatory bail application is hereby dismissed. (Sanjay Kumar Dwivedi, J.) Dated 12.01.2026 Sangam/