Extracted from the PDF above. The PDF is authoritative.
2026:JHHC:831
--1-- A.B.A. No. 5712 of 2025
IN THE HIGH COURT OF JHARKHAND, RANCHI
A.B.A. No. 5712 of 2025
---- Mantu Kumar Thakur, aged about 40 years, son of Ganesh Thakur, resident of Mahadevwaran, PO and PS – Mirzachowki, District - Sahibganj
.... Petitioner -- Versus --
The State of Jharkhand
.... Opposite Party
----
CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI
---
For the Petitioner :- Mr. Gautam Kumar, Advocate
For the State
:- Mr. Prabhu Dayal Agrawal, Advocate
---- 05/13.01.2026 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 Mirzachowki P.S. Case No.22 of 2025, for the alleged offences registered under Sections 316(2), 318(4), 338, 336(3), 341(1), 340(2) and 303(2) of Bharatiya Nyaya Sanhita, 2023, Rule 4/54 of Jharkhand Minor Mineral Concession Rules, 2004 and under Rule 7/9 of Jharkhand Minerals (Prevention of Illegal Mining Transportation and Storage) Rule, 2017 pending in the Court of learned S.D.J.M., Sahibganj.
3.
Learned counsel appearing for the petitioner submits that the petitioner happened to be proprietor of stone crusher. He further submits that from the stone crusher of the petitioner stone chips were purchased and he has issued a transport challan in Form-D contained in Annexure-2 dated 8th April, 2025. He then submits that the said challan is having the consent to operate.
4.
Learned counsel appearing for the State opposes the prayer and
2026:JHHC:831
--2-- A.B.A. No. 5712 of 2025
submits that the challan is of 8th April, 2025, however, the seizure has been made on 14th April, 2025. He submits in view of that doubt is there of renewal of challan.
5. Annexure-2 is a document which clearly suggests that the transport challan in Form-D dated 8th April, 2025 and it was valid up to 10th April, 2025 and the petitioner has released the stone chips by way of said challan and the truck was seized on 14th April, 2025. Once the chips was out from the crusher plant of the petitioner it is for the transporter to maintain the period of challan. Supplementary Affidavit has been filed wherein consent to operate certificate has been filed by the petitioner. In the attending facts and circumstances of this case, I am inclined to provide anticipatory bail to the petitioner.
6. Accordingly, the petitioner, above named, is hereby directed to surrender before the learned Court within three weeks from today, and in the event of his surrender/arrest, the petitioner, above named, shall be released on bail, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand), with two sureties of the like amount each, to the satisfaction of learned S.D.J.M., Sahibganj in connection with Mirzachowki P.S. Case No.22 of 2025, subject to the conditions as laid down under Section 482(2) of Bharatiya Nagarik Suraksha Sanhita, 2023.
(Sanjay Kumar Dwivedi, J.) Dated 13.01.2026 Sangam/