High CourtsSingle Bench(2026) 08 JH CK 2692

Santosh Kumar & Ors. vs The State Of Jharkhand

Jharkhand High Court · Decided on 19 August 2026

HON’BLE JUDGES
Sanjay Kumar Dwivedi, J
RESULT
Allowed
CASE NUMBER
A.B.A. No. 4661 of 2026

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Judgment

6 paragraphs · 303 words

Heard learned counsels for petitioners and for State.

2.

The petitioners are apprehending their arrest in connection with Bokaro Thermal PS Case No.38 of 2026, for offence registered under section 303(2), 317(2) of BNS, 2023, pending in court of learned Judicial Magistrate First Class, Bermo at Tenughat.

3.

Learned counsel for petitioners submits that the allegations are made of carrying about 200-300 kgs of raw coal on each of the motorcycle. He next submits that the said raw coal the petitioners were carrying for their personal use and further the petitioners are having no criminal antecedent as disclosed in paragraph no.17 of the petition. He also submits that in the seizure list, there is no independent witness and, on these grounds, he submits that anticipatory bail may kindly be granted.

4.

Learned State counsel opposes prayer and submits that on each of the motorcycle about 200 -300 kgs of raw coal were carried and in view of that, anticipatory bail may kindly be rejected.

5.

In the seizure list, there is no independent witness and it has been pointed out that the petitioners were carrying the said raw coal for their personal use and further the petitioners are having no criminal antecedent as aforesaid, I am inclined to grant anticipatory bail to petitioners.

6.

Accordingly, the petitioners, above named, are hereby directed to surrender before learned court within three weeks from today, and in event of their surrender/arrest, the petitioners, above named, shall be released on bail, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each, with two sureties of like amount each, to satisfaction of learned Judicial Magistrate First Class, Bermo at Tenughat, in connection with Bokaro Thermal PS Case No.38 of 2026, subject to the conditions as laid down under section 482(2) of Bhartiya Nagrik Suraksha Sanhita (BNSS), 2023.