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2026 DAILYLAW 9486 (JHR)

MD ASLAM v. STATE OF JHARKHAND

A.B.A./2016/2026 · 2026-05-04

Sanjay Kumar Dwivedi

body2026

Judgment text

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2026:JHHC:13212 --1-- A.B.A. No. 2016 of 2026 IN THE HIGH COURT OF JHARKHAND, RANCHI A.B.A. No. 2016 of 2026 ---- Md Aslam, aged about 25 years, S/o Manirul Haque, R/o Andharkotha, PO – Andharkotha, PS – Kotalpokhar, District – Sahibganj, Jharkhand .... Petitioner -- Versus -- The State of Jharkhand .... Opposite Party ---- CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI --- For the Petitioner :- Md. Yasir Arafat, Advocate For the State :- Mrs. Bandana Sinha, Advocate ---- 02/04.05.2026 Heard learned counsel appearing for the petitioner as well as learned counsel appearing for the State. 2. The petitioner is apprehending his arrest in connection with Hiranpur P.S. Case No.11 of 2026, for the alleged offences registered under Sections 317(5) and 3(5) of Bharatiya Nyaya Sanhita, 2023, Section 4/21 of Mines and Minerals (Development & Regulation) Act, 1957, Rule 54 of Jharkhand Minor Mineral Concession Rules, 2004 and under Rule 7, 9 and 13 of Jharkhand Minerals (Prevention of Illegal Mining Transportation and Storage) Rule, 2017 pending in the Court of learned A.C.J.M., Pakur. 3. Learned counsel appearing for the petitioner submits that the petitioner happened to be owner of hywa truck and the allegations are made that 500 cft. stone chips were loaded on the said hywa truck. He further submits that on the seizure list only the police officials are there and there are no independent witnesses. He then submits that 2026:JHHC:13212 --2-- A.B.A. No. 2016 of 2026 driver of the said hywa has already been granted anticipatory bail in A.B.A. No.1957 of 2026. He next submits that the petitioner has got no criminal antecedent as disclosed in paragraph No.06 of the petition. 4. Learned counsel appearing for the State opposed the prayer and submits that the petitioner happened to be owner of the said hywa truck. 5. Considering that the petitioner happened to be owner of the said hywa truck and driver of the said hywa has already been granted anticipatory bail in the aforesaid A.B.A. and the petitioner has got no criminal antecedent as disclosed in paragraph No.06 of the petition, 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 A.C.J.M., Pakur in connection with Hiranpur P.S. Case No.11 of 2026, subject to the conditions as laid down under Section 482(2) of Bharatiya Nagarik Suraksha Sanhita, 2023. (Sanjay Kumar Dwivedi, J.) Dated 04.05.2026 Sangam/