High CourtsSingle Bench(2026) 07 JH CK 0298

Satish Yadav vs The State Of Jharkhand

Jharkhand High Court · Decided on 29 July 2026

HON’BLE JUDGES
Sanjay Kumar Dwivedi, J
RESULT
Allowed
CASE NUMBER
A.B.A. No. 4186 of 2026

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Judgment

5 paragraphs · 382 words

2/29.07.2026 Heard learned counsel for the petitioner and learned counsel for the State.

2.

The petitioner is apprehending his arrest in connection with Nawalshahi P.S. Case No. 22 of 2026, registered under sections 303(2), 317(2), 3(5) of BNS, 2023, under Rule 13 of Jharkhand Minerals (Prevention of illegal Mining Transportation and Storage) Rules, 2017 and under Rule 54 of JMMC Rules, 2004, pending in the Court of learned Judicial Magistrate, Ist Class at Koderma.

3.

Learned counsel for the petitioner submits that petitioner is driver of one of the tractor and allegation is made that 100 cft of sand was loaded on the said tractor. He next submits that petitioner has got no criminal antecedent which is disclosed in para 30 of the petition and petitioner earns his livelihood by way of driving the tractor. He further submits that the said sand was booked by another person. He next submits that driver of another tractor has been granted anticipatory bail in ABA No.3864 of 2026. On these grounds, he submits that the petitioner may kindly be provided privilege of anticipatory bail.

4.

Learned counsel for the State opposes the prayer and submits that illegally the sand was being carried on the said tractor.

5.

Considering that petitioner is driver of the tractor in question, the petitioner has got no criminal antecedent which is disclosed in para 30 of the petition and it has been pointed out that petitioner earns his livelihood by way of driving the tractor and it has been pointed out that said sand was booked by another person and the driver of another tractor has been granted anticipatory bail in ABA No.3864 of 2026 and in the attending facts and circumstances of the case, I am inclined to grant anticipatory bail to the petitioner. Accordingly, the above named, petitioner is directed to surrender before the learned court within three weeks from today and in the event of his surrender/ arrest, the petitioner shall be released on bail, on furnishing bail bonds of Rs. 25,000/- (twenty five thousand) with two sureties of the like amount each, to the satisfaction of learned Judicial Magistrate, Ist Class at Koderma, in connection with Nawalshahi P.S. Case No. 22 of 2026, subject to conditions as laid down under Section 482 (2) of B.N.S.S, 2023.