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2026 DAILYLAW 9287 (JHR)

LATIB SHEIKH v. THE STATE OF JHARKHAND

A.B.A./629/2026 · 2026-02-05

Sanjay Kumar Dwivedi

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

( 2026:JHHC:3041 ) -1- A.B.A. No. 629 of 2026 IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 629 of 2026 1. Latib Sheikh, aged about 49 years, son of Alim Sekh, resident of Village- Sitapahari, P.O. Sitapahari, P.S. Pakur (M), District- Pakur 2. Manjarul Sheikh @ Manjrul, aged about 39 years, son of Rahmat Sk., resident of Village- Atogali, P.O. Pakur, P.S. Malpahari, District- Pakur … Petitioners -Versus- The State of Jharkhand … Opposite Party ----- CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI ----- For the Petitioners : Mr. Gautam Kumar, Advocate For the State : Mr. Abhay Kumar Tiwari, A.P.P. ----- 02/05.02.2026 Heard learned counsel appearing for the petitioners and learned counsel appearing for the State. 2. The petitioners are apprehending their arrest in connection with Pakur Malpahari P.S. Case No.320/2025, registered for the offence under Sections 303(2) and 317(2) of the BNS, Section 4/21 of MMDR Act, Rule 54 of JMMC Rules and Rule 7/9/13 of Jharkhand Minerals (Prevention of Illegal Mining, Transportation and Storage) Rules, pending in the Court of the learned S.D.J.M., Pakur. 3. Learned counsel appearing for the petitioners submits that the FIR has been registered against owner and driver of two trucks and one tractor alleging therein that stone chips were being illegally carried. He next submits that petitioner no.1 is the owner and petitioner no.2 is the driver of truck bearing registration no. WB-23C-5157. He then submits that the petitioners are having no criminal antecedent, as disclosed in paragraph 12 of this application. He also submits that the owner cum driver of the tractor has been provided anticipatory bail by this Court in A.B.A. No.522 of 2026. ( 2026:JHHC:3041 ) -2- A.B.A. No. 629 of 2026 4. Learned counsel appearing for the State opposed the prayer and submits that illegally stone chips were being carried on the said vehicles. 5. Considering that petitioner no.1 is owner and petitioner no.2 is the driver of the truck and the petitioners have got no criminal antecedent, as disclosed in paragraph 12 of this application and in identical situation, owner cum driver of tractor has been provided anticipatory bail by this Court in the aforesaid A.B.A. and in the attending facts and circumstances of the case, I am inclined to extend the privilege of anticipatory bail to the petitioners. 6. Accordingly, the above-named petitioners are directed to surrender before the learned Court within three weeks from today and in the event of their arrest or surrender, they shall be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Pakur in connection with Pakur Malpahari P.S. Case No.320/2025, subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. (Sanjay Kumar Dwivedi, J.) Dated: 5th February, 2026 Ajay/