Citation : 2026 Latest Caselaw 550 Jhar
Judgement Date : 30 January, 2026
2026:JHHC:2412
IN THE HIGH COURT OF JHARKHAND, RANCHI
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A.B.A. No. 496 of 2026
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Kuldip Saw aged about 43 years son of Narayan Saw resident of Village Kandaber, PO Kandaber, PS Keredari, District Hazaribagh, Jharkhand .... Petitioner
-- Versus --
The State of Jharkhand .... Opposite Party
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CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI
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For the Petitioner :- Mr. Sahil, Advocate For the State :- Mr. Rakesh Kr. Sinha, Advocate
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2/30.01.2026 Heard learned counsels for petitioner and for State.
2. The petitioner is apprehending his arrest in connection
with Balumath PS Case No.120 of 2025, for offence registered
under section 318(4), 338, 336(3), 340(2) of BNS, 2023, Section 21,
and 4(1A) of Mines and Minerals (Development and Regulation) Act,
1957, Rules 7 and 9 of Jharkhand Minerals (Prevention of Illegal
Mining, Transportation and Storage) Rules, 2017, pending in court
of learned Chief Judicial Magistrate, Latehar.
3. Learned counsel for petitioner submits that the petitioner
happened to be owner of Hywa truck and the allegations are made
of loading 32 tons of coal illegally. He next submits that the
petitioner is having valid challan, however, due to defect arising all
of a sudden in the vehicle, the delay has occurred. He next submits
that the petitioner has got no criminal antecedent as disclosed in
paragraph no.9.
2026:JHHC:2412
4. Learned State counsel opposes prayer and submits that the
challan was found to be forged.
5. Considering that the said challan is the part of the FIR
which prima facie suggest that the petitioner was having challan,
however, it is in dispute and the petitioner is having no criminal
antecedent and the petitioner happened to be the owner of the said
Hywa vehicle, I am inclined to grant anticipatory bail to petitioner.
6. Accordingly, petitioner, above named, is hereby directed to
surrender before learned court within four weeks from today, and in
event of his surrender/arrest, petitioner, above named, shall be
released on bail, on furnishing bail bond of Rs.25,000/- (Rupees
Twenty Five Thousand), with two sureties of like amount each, to
satisfaction of learned Chief Judicial Magistrate, Latehar, in
connection with Balumath PS Case No.120 of 2025, subject to the
conditions as laid down under section 482(2) of Bhartiya Nagrik
Suraksha Sanhita (BNSS), 2023.
( Sanjay Kumar Dwivedi, J.) 30.01.2026 SI/
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