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2026 DAILYLAW 8459 (JHR)

DINESH DAS v. THE STATE OF JHARKHAND

A.B.A./7516/2025 · 2026-01-07

Sanjay Kumar Dwivedi

body2026

Judgment text

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2026:JHHC:243 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI ABA No.7516 of 2025 1. Dinesh Das, aged about 46 years, son of Sahdev Das, resident of village Pokhariya, P.O. Kendua, P.S. Hansadih, District-Dumka (Jharkhand). 2. Upendra Das, aged about 28 years, son of Batan Das, resident of village Pokhariya, P.O. Kendua, P.S. Hansadih, District-Dumka (Jharkhand). …. Petitioners Versus The State of Jharkhand … Opp. Party -------- CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI ------ For the Petitioners : Ms. Vidhika Saboo, Advocate For the State : Mrs. Lily Sahay, A.P.P. ------ 2/07.01.2026 Heard learned counsel appearing on behalf of Petitioners and learned counsel appearing on behalf of the State. 2. The petitioners are apprehending their arrest in connection with Hansdiha P.S. Case No. 56 of 2025, registered under section 4(1)(A), 21(1) of MMDR Act, under Rules 9 and 13 of Jharkhand Mineral (Prevention of Illegal Mining, Transportation and Storage) Rules and under section 303(2) of Bharatiya Nyaya Sanhita, 2023, the case is presently pending in the court of learned C.J.M., Dumka. 3. Learned counsel appearing for the petitioners submits that petitioner No.1 is the owner and petitioner No.2 is the driver of the tractor in question and the allegations are made that 100 cft. sand was loaded on the tractor in question. She also submits that petitioners have got no criminal antecedent as disclosed in Paragraph No.12 of the petition. She further submits that in identical situation owner and driver of another tractor have been granted anticipatory bail in ABA No.6655 of 2025. 4. Learned counsel appearing for the State opposed the prayer and 2026:JHHC:243 2 submits that illegally the sand was being carried on the said tractor. 5. Considering petitioner No.1 is the owner and petitioner No.2 is the driver of the tractor and the petitioners have got no criminal antecedent as disclosed in Para-12 of the petition and in identical situation owner and driver of another tractor have been granted anticipatory bail in aforesaid ABA, I am inclined to grant anticipatory bail to the petitioners. 6. Accordingly, the petitioners above named are directed to surrender before the learned Court within three weeks from the date of receipt of the order and on the event of their surrender / arrest, they shall be released on bail on furnishing bail bond of Rs.25,000/- (Twenty-Five Thousand) each with two sureties of the like amount of each to the satisfaction of learned C.J.M., Dumka, in connection with Hansdiha P.S. Case No. 56 of 2025, subject to the condition as laid down under Section 482(2) of Bharatiya Nagarik Suraksha Sanhita, 2023. 7. This Anticipatory Bail Application is accordingly allowed and disposed of. (Sanjay Kumar Dwivedi, J.) 07.01.2026 R.Kumar