Niranjan Prasad Alias Niranjan Agarwal Vs the… — Mining and Natural Resources | Jharkhand HC (2026)

Niranjan Prasad Alias Niranjan Agarwal Vs the… — Mining and Natural Resources | Jharkhand HC (2026)

What the court decided

AI extract

Outcome

Petitioners to surrender before the learned trial court within two weeks; the learned court to release them on such terms and conditions or sureties as it may deem fit and proper.

Issue for consideration

Whether the petitioners, who apprehend arrest in Penk Narainpur P.S. Case No. 52 of 2025 (offences under the Bharatiya Nyaya Sanhita, 2023 and allied mining laws), are entitled to anticipatory bail in the form of a direction to surrender and be released.

Court's answer

Petitioners directed to surrender before the learned court within two weeks, and the learned court to release them on such terms and conditions or sureties as it may deem fit and proper — anticipatory bail granted in the form of a surrender-and-release direction.

Ratio / Principle

The relief rests on the Court's consideration that the petitioners are neither the owner nor the driver of the tractor, that they have one criminal antecedent of a different nature, and that two co-accused in an identical situation were granted anticipatory bail in A.B.A. No. 616 of 2026 (parity).

Detailed headnote1 paragraphs

Anticipatory bail — Petitioners apprehending arrest in Penk Narainpur P.S. Case No. 52 of 2025 for alleged offences under Sections 126(2), 115(2), 352, 132, 303(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023, Section 21 of the Mines and Minerals (Development & Regulation) Act, 1957, Rule 54 of the Jharkhand Minor Mineral Concession Rules, 2004 and Rule 13 of the Jharkhand Minerals (Prevention of Illegal Mining Transportation and Storage) Rule, 2017, pending before the learned Additional Chief Judicial Magistrate, Bermo at Tenughat — allegation of obstructing the informant from taking a tractor to the police station — petitioners stated to be neither the owner nor the driver of the said tractor — one criminal antecedent of a different nature — two co-accused in an identical situation already granted anticipatory bail in A.B.A. No. 616 of 2026 — parity — held: petitioners directed to surrender before the learned court within two weeks and to be released by the learned court on such terms, conditions and sureties as deemed fit and proper.

 ( 2026:JHHC:6014 )

IN THE HIGH COURT OF JHARKHAND AT RANCHI

A. B. A. No. 1004 of 2026

Niranjan Prasad @ Niranjan Agarwal, aged about 49 years, son of late Mahalal Agarwal, resident of village Kanjkiro. P.O. Kanjkiro, P.S. Penk Narayanpur, District-Bokaro

Rewat Lal Mahto, aged 40 years, son of Vishwanath Mahto, resident of village-Shishu Tola, Pipra Bandh, P.O. Kanjkiro, P.S. Penk Narayanpur, District-Bokaro

Lal Mohan Turi, aged 45 years, son of Vigan Turi, resident of Turi Tola, P.O. Kanjkiro, P.S. Penk Narayanpur, District-Bokaro

...... … Petitioners

Versus

The State of Jharkhand .…. … Opposite Party

-------- CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI For the Petitioners :Mr. Rohan Mazumdar, Advocate For the State : Mr. Prabir Kr. Chatterjee, Spl.P.P.

02/ 09.03.2026 : Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners are apprehending their arrest in connection with Penk Narainpur P.S. Case No.52 of 2025 for the alleged offences registered under Sections 126(2), 115(2), 352, 132, 303(2) and 3(5) of Bharatiya Nyaya Sanhita, 2023, Section 21 of Mines and Minerals (Development & Regulation) Act, 1957, Rule 54 of Jharkhand Minor Mineral Concession Rules, 2004 and under Rule 13 of Jharkhand Minerals (Prevention of Illegal Mining Transportation and Storage) Rule, 2017 pending in the Court of learned Additional Chief Judicial Magistrate, Bermo at Tenughat.

Learned counsel appearing for the petitioners submits that false allegation is made against the petitioners of obstructing the informant from taking away the tractor to the police station. He further submits that the petitioners have nothing to do with the said tractor and the petitioners are neither the owner nor the driver of the said tractor. He then submits that the petitioners have criminal antecedent of different nature and in identical situation two of the co-accused persons have been granted anticipatory bail

in A.B.A. No. 616 of 2026.

Learned counsel appearing for the State submits that allegations are there of taking away the tractor from the police station.

Considering that petitioners are neither the owner nor the driver of the said tractor as submitted by the learned counsel for the petitioners. The petitioners have one criminal antecedent of different nature and in identical situation two of the co-accused persons have been granted anticipatory bail in the aforesaid A.B.A and in that view of the matter the petitioners are directed to surrender before the learned Court within two weeks and the learned Court shall release the petitioners on such terms and conditions or the sureties as the learned Court may deem fit and proper.

Dt.09.03.2026 ( Sanjay Kumar Dwivedi, J.)

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