Abhishek Kumar vs The State Of Jharkhand ... Opposite ...
2026 Latest Caselaw 699 Jhar

Jharkhand High Court

Abhishek Kumar vs The State Of Jharkhand ... Opposite ... on 4 February, 2026

Author: Sanjay Kumar Dwivedi

Bench: Sanjay Kumar Dwivedi

                                                                             ( 2026:JHHC:2869 )




                    IN THE HIGH COURT OF JHARKHAND AT RANCHI
                                    A.B.A. No. 602 of 2026
              Abhishek Kumar, aged about 29 years, S/o Dilip Kumar, R/o Village Thana
              Road, Sisai, P.O. & P.S. Sisai, District- Gumla (Jharkhand)
                                                                        ... Petitioner
                                            -Versus-
              The State of Jharkhand                                   ... Opposite Party
                                                 -----

CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

-----

               For the Petitioner         : Mr. Kripa Shankar Nanda, Advocate
               For the State              : Mr. Manoj Kumar Mishra, A.P.P.
                                                 -----
02/04.02.2026          Heard learned counsel appearing for the petitioner and learned counsel
              appearing for the State.

2. The petitioner is apprehending his arrest in connection with Bharno P.S. Case No.76/2025, registered for the offence under Sections 303(2), 317(5) and 3(5) of the Bharatiya Nyaya Sanhita, 2023, Section 21 of the Mines and Minerals (Development and Regulation) Act, 1957, Rule 54 of the Jharkhand Minor Minerals Concession Rules, 2004 and Rule 13 of the Jharkhand Minerals (Prevention of Illegal Mining, Transportation and Storage) Rules, 2017, pending in the Court of the learned Additional Chief Judicial Magistrate, Gumla.

3. Learned counsel appearing for the petitioners submits that the petitioner is the owner of the hywa in question and the allegations are made that 1030 cft. sand was loaded on the said hywa. He next submits that the petitioner is having no criminal antecedent, as disclosed in paragraph 12 of this application.

4. Learned counsel appearing for the State opposed the prayer and submits that illegally the sand was being carried in the said hywa.

5. Considering that the petitioner is the owner of the hywa in question and he has got no criminal antecedent and in that view of the matter, the petitioner is directed to surrender before the learned Court within two weeks from today and the learned Court shall release the petitioner on such terms, conditions or sureties as the learned Court may deed fit and proper.

6. Accordingly, this application is disposed of.

(Sanjay Kumar Dwivedi, J.) Dated: 4th February, 2026 Ajay/