Ganesh Kumar Alias Ganesh Sao Vs State of… — Mining and Natural Resources | Jharkhand HC (2026)

Ganesh Kumar Alias Ganesh Sao Vs State of… — Mining and Natural Resources | Jharkhand HC (2026)

What the court decided

AI extract

Outcome

Anticipatory bail: petitioners directed to surrender before the learned court within two weeks, upon which they are to be released on such terms, conditions and sureties as the learned court deems fit and proper.

Issue for consideration

Whether the petitioners, who are apprehending arrest in Bariyatu PS Case No. 57 of 2025, should be granted anticipatory bail.

Court's answer

The Court considered that only allegations are made against the petitioners of forcefully taking away the tractor from police custody; the petitioners are neither the owners nor the drivers of the tractor and have no criminal antecedent as disclosed in para 19.

Ratio / Principle

The petitioners were directed to surrender before the learned court within two weeks from the date of the order.

Key takeaways

Upon surrender, the learned court shall release the petitioners on such terms and conditions and sureties as the learned court may deem fit and proper.ratio¶22

Detailed headnote1 paragraphs

Anticipatory Bail — Six applicants apprehending arrest in Bariyatu PS Case No. 57 of 2025 (ss. 309(4), 221, 132, 126(2), 190, 191(2) BNS, 2023; ss. 33 & 42, Indian Forest Act; ss. 4 & 21, Mines and Minerals (Development and Regulation) Act, 1957), pending before the learned Judicial Magistrate 1st Class, Latehar — Allegation of forcefully taking away a tractor loaded with sand from police custody while it was being driven to the police station — Counsel for applicants submitted they had nothing to do with the tractor, being neither its owners nor its drivers, and had no criminal antecedents — State opposed, alleging forcible taking away of the tractor from police custody — Court, noting the applicants were neither owners nor drivers of the tractor and had no criminal antecedent as disclosed in para 19, directed them to surrender before the learned court within two weeks, with direction that on surrender they be released on such terms, conditions and sureties as the learned court deems fit and proper — A.B.A. No. 1124 of 2026 disposed of. (Paras 2–6)

2026:JHHC:9943

IN THE HIGH COURT OF JHARKHAND, RANCHI A.B.A. No. 1124 of 2026

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1 .Ganesh Kumar @ Ganesh Sao, son of Jagarnath Sao aged about 33 years resident of Village Gonia PO Bariyatu PS Bariyatu District Latehar

2 .Nirmal Yadav son of Pritam Yadav aged about 49 years, resident of Village Gonia PO Bariyatu PS Bariyatu District Latehar

3 .Bharat Kumar @ Bharat Saw son of Jagarnath Sao aged about 36 years resident of Village Gonia PO Bariyatu PS Bariyatu District Latehar

4 .Md. Jainul Miyan @ Jainul Miyan son of late Latan Miyan aged about 68 years resident of Village Nawadih PO Bariyatu PS Bariyatu District Latehar

5 .Sandip Kumar Yadav, son of Nirmal Yadav aged about 20 years, resident of Village Nawadih PO Bariyatu PS Bariyatu District Latehar

6 .Ajay Yadav son of Sarmu Yadav aged about 33 years, resident of Village Kuriyam PO Holang PS Balumath District Latehar .... Petitioners

-- Versus -- The State of Jharkhand .... Opposite Party

CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI --For the Petitioner :- Mr. Prashant Kumar Rahul, Advocate For the State :- Mr. Pradip Kr Chatterjee, Advocate ----

2 /07.04.2026 Heard learned counsels for petitioners and for State.

The petitioners are apprehending their arrest in connection with Bariyatu PS Case No.57 of 2025, for offence registered under section 309(4), 221, 132, 126(2), 190, 191(2) of

BNS, 2023 and Section 33 and 42 of Indian Forest Act and Sections

4 and 21 of Mines and Minerals (Development and Regulation) Act, 1957, pending in court of learned Judicial Magistrate 1^st Class, Latehar.

Learned counsel for the petitioner submits that false

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2026:JHHC:9943

allegations are made of taking away the tractor from the police custody while the tractor was being drove to the police station loaded with sand. He next submits that the petitioners are nothing to do with the said tractor and they are neither the owners nor the drivers and false allegations are made of taking away the tractor from police custody by the petitioners.

Learned State counsel opposes prayer and submits that the allegations are there of forcefully taking away the tractor from police custody.

Considering that only allegations are made against the petitioner of forcefully taking away the tractor from the police custody and the petitioners are neither the owners nor the drivers of the tractor and the petitioners have got no criminal antecedent as disclosed in para 19, and in that view of the matter, the petitioners, above named, are, hereby, directed to surrender before learned court within two weeks from today, and learned court shall release the petitioners, above named, on such terms and conditions as well as sureties as the learned court may deem fit and proper.

A.B.A. No.1124 of 2026 is disposed of.

( Sanjay Kumar Dwivedi, J.)

07.04.2026 SI/

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