[Cites 2, Cited by 0]
Jharkhand High Court
Neeraj Kumar Gupta vs The State Of Jharkhand ..... ... ... on 10 February, 2026
Author: Sanjay Kumar Dwivedi
Bench: Sanjay Kumar Dwivedi
( 2026:JHHC:3456 )
IN THE HIGH COURT OF JHARKHAND AT RANCHI
A. B. A. No. 708 of 2026
1. Neeraj Kumar Gupta, aged about 49 years, son of Om Prakash Gupta,
resident of village-Ayodhyaganj Bazar, Katihar, P.O. and P.S. Kursela,
District-Katihar (Bihar).
2. Fekarul Shekh, aged about 31 years, son of Ansur Shekh, resident of
village-Ilami, P.O. Pakur, P.S. Pakur(M), 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
Mr. Abhinav Raj, Advocate
For the State : Mr. Rakesh Ranjan, Advocate
02/ 10.02.2026: Heard learned counsel for the petitioners and learned
counsel for the State.
2. The petitioners are apprehending their arrest in connection
with Pakur (Mufassil) P.S. Case No. 266/2025 registered under sections
303(2), 318(4), 338, 340(2), 3(5) of B.N.S., Sections 4/21 of Jharkhand
Mines and Minerals (Development & Regulation) Act, 1957, Rule 54 of JMMC
Rules, 2004 and Rules 7, 9, 13 of Jharkhand Minerals (Prevention of illegal
Mining Transportation and Storage) Rules, 2017 pending in the Court of
learned S.D.J.M, Pakur.
3. Mr. Abhinav Raj, learned counsel for the petitioners submits that
petitioner no.1 is owner and petitioner no. 2 is driver of the hywa vehicle and
allegations are made that stone chips were loaded on the said vehicle. He
further submits that stone chips were being carried on valid challan which is
part of the F.I.R. however delay has occurred due to fault in the vehicle. He
refers to annexure-2 which is document regarding payment to the mechanic
for curing certain defect of vehicle. He submits that petitioners have got no
criminal antecedent which is disclosed in para 11 of the petition. On these
grounds, he submits that the petitioners may kindly be provided privilege of
( 2026:JHHC:3456 )
anticipatory bail.
4. Learned counsel for the State opposes the prayer and submits
that illegally the stone chips were being carried on the said vehicle.
5. The transportation challan Form-'D' is part of F.I.R however
allegations are made that the said challan was forged, that is question of
investigation. The petitioner no.1 is owner and petitioner no. 2 is driver of
the hywa vehicle. Annexure-2 is document which shows payment to the
mechanic for curing certain defect of vehicle. The petitioners have got no
criminal antecedent which is disclosed in para 11 of the petition.
6. In the attending facts and circumstances of the case, , I am inclined
to grant anticipatory bail to the petitioners. Accordingly, the above named,
petitioners are directed to surrender before the learned court within three
weeks from today and in the event of their surrender / arrest, the
petitioners shall be released on bail, on furnishing bail bonds 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
(Mufassil) P.S. Case No. 266/2025, subject to conditions as laid down under
Section 482 (2) of B.N.S.S, 2023.
Dt.10.02.2026 ( Sanjay Kumar Dwivedi, J.)
satyarthi-
