Shrawan Yadav Vs the State of Jharkhand — Mining and Natural Resources | Jharkhand HC (2026)

Shrawan Yadav Vs the State of Jharkhand — Mining and Natural Resources | Jharkhand HC (2026)

What the court decided

AI extract

Outcome

Anticipatory bail granted: petitioner to surrender before the learned Court within three weeks; on surrender/arrest, release on bail on furnishing bail bond of Rs.25,000/- with two sureties of the like amount each, to the satisfaction of learned Judicial Magistrate 1st Class, Palamau, subject to conditions under Section 482(2) of Bharatiya Nagarik Suraksha Sanhita, 2023.

Issue for consideration

Whether anticipatory bail should be granted to the petitioner, who is apprehending arrest in connection with Chhattarpur P.S. Case No.233 of 2025 pending before the learned Judicial Magistrate 1st Class, Palamau.

Court's answer

Considering that the petitioner is the owner of the Tractor in question, was not present on the spot, and has no criminal antecedent, the court is inclined to provide anticipatory bail to the petitioner.

Ratio / Principle

The petitioner is directed to surrender before the learned Court within three weeks and, in the event of surrender/arrest, shall be released on bail on furnishing a bail bond of Rs.25,000/- with two sureties of the like amount each, subject to the conditions laid down under Section 482(2) of Bharatiya Nagarik Suraksha Sanhita, 2023.

Detailed headnote1 paragraphs

Anticipatory bail granted — Shrawan Yadav, owner of a tractor allegedly loaded with 100 cft of sand, apprehending arrest in Chhattarpur P.S. Case No.233 of 2025 (Sections 303(2), 317(5), 132 and 3(5) of Bharatiya Nyaya Sanhita, 2023; Section 21 of Mines and Minerals (Development & Regulation) Act, 1957; Rule 13 of Jharkhand Minerals (Prevention of Illegal Mining Transportation and Storage) Rule, 2017), pending before Judicial Magistrate 1st Class, Palamau. As the petitioner was not present on the spot and had no criminal antecedent, the High Court (Sanjay Kumar Dwivedi, J.) directed him to surrender within three weeks and ordered his release on bail on a bond of Rs.25,000/- with two like sureties, subject to Section 482(2) of Bharatiya Nagarik Suraksha Sanhita, 2023 conditions.

2026:JHHC:769

IN THE HIGH COURT OF JHARKHAND, RANCHI A.B.A. No. 106 of 2026

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Shrawan Yadav, aged about 50 years, S/o Upendra Yadav, R/o village – Baghamara, PO and PS – Chhattarpur, District – Palamau, Jharkhand .... Petitioner -- Versus -- The State of Jharkhand .... Opposite Party

CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

For the Petitioner :- Mr. Vishwajeet Kumar Tiwari, Advocate :- Mr. Raj Nandan Chatterjee, Advocate For the State :- Mr. Rajesh Kumar, Advocate ----

03 /13.01.2026 Heard learned counsel appearing for the petitioner as well as the learned counsel appearing for the State.

2. The petitioner is apprehending his arrest in connection with Chhattarpur P.S. Case No.233 of 2025, for the alleged offences registered under Sections 303(2), 317(5), 132 and 3(5) of Bharatiya Nyaya Sanhita, 2023, Section 21 of Mines and Minerals (Development & Regulation) Act, 1957 and Rule 13 of Jharkhand Minerals (Prevention of Illegal Mining Transportation and Storage) Rule, 2017 pending in the Court of learned Judicial Magistrate 1^st Class, Palamau.

3. Learned counsel appearing for the petitioner submits that the petitioner is the owner of the Tractor in question and the allegations are made that 100 cft. sand was loaded on the said tractor. He further submits that the petitioner has got no criminal

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antecedent as disclosed in paragraph No.15 of the petition.

4. Learned counsel appearing for the State opposes the prayer and submits that illegally sand was being carried.

5. Considering that the petitioner is the owner of the Tractor in question and he was not present on the spot and the petitioner has got no criminal antecedent as disclosed in paragraph No.15 of the petition, I am inclined to provide anticipatory bail to the petitioner. 6. Accordingly, the petitioner, above named, is hereby directed to surrender before the learned Court within three weeks from today, and in the event of his surrender/arrest, the petitioner, above named, shall be released on bail, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand), with two sureties of the like amount each, to the satisfaction of learned Judicial Magistrate 1^st Class, Palamau in connection with Chhattarpur P.S. Case No.233 of 2025, subject to the conditions as laid down under Section 482(2) of Bharatiya Nagarik Suraksha Sanhita, 2023.

(Sanjay Kumar Dwivedi, J.)

Dated 13.01.2026 Sangam/

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A.B.A. No. 106 of 2026