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

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

What the court decided

AI extract

Outcome

Anticipatory bail granted: petitioner directed to surrender before the learned court within three weeks; in the event of surrender or arrest, to be released on bail on furnishing bail bonds of Rs. 25,000/- (twenty five thousand) with two sureties of the like amount each, subject to conditions laid down under Section 482 (2) of B.N.S.S, 2023.

Issue for consideration

Whether anticipatory bail should be granted to the petitioner, who apprehends his arrest in connection with Chhattarpur P.S. Case No. 233/25 pending before the learned Judicial Magistrate, Ist Class, Palamau.

Court's answer

The court decided to grant anticipatory bail, considering that the petitioner is the driver of the tractor in question, has no criminal antecedent disclosed in para 15 of the petition, and the owner of the tractor has been granted anticipatory bail in A.B.A No. 106/2026.

Ratio / Principle

Operative directions: the petitioner was directed to surrender before the learned court within three weeks and, in the event of surrender or arrest, to 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 the learned Judicial Magistrate, Ist Class, Palamau, subject to conditions under Section 482 (2) of B.N.S.S, 2023.

Detailed headnote1 paragraphs

ANTICIPATORY BAIL GRANTED - Dudhnath Yadav (aged about 45, resident of Baghamara, Chhattarpur, Palamau), apprehending arrest in Chhattarpur P.S. Case No. 233/25 registered under sections 303(2), 317(5), 132, 3(5) of BNS, Section 21 of MMDR Act and Rule 13 of JMPIMTS Rule, pending before the learned Judicial Magistrate, Ist Class, Palamau, in a matter involving an allegation that 100 cft sand was loaded on the tractor driven by him (as submitted by petitioner's counsel). Grounds considered by the court: petitioner is the driver of the tractor, discloses no criminal antecedent (para 15 of the petition), and the tractor's owner was earlier granted anticipatory bail in A.B.A No. 106/2026. Petitioner directed to surrender within three weeks; on surrender or arrest, to be released on bail bonds of Rs. 25,000/- (twenty five thousand) with two sureties of the like amount each, subject to Section 482 (2) of B.N.S.S, 2023. Single-member bench: Sanjay Kumar Dwivedi, J.; order dated 19.01.2026.

 ( 2026:JHHC:1271 )

IN THE HIGH COURT OF JHARKHAND AT RANCHI A. B. A. No. 195 of 2026

Dudhnath Yadav, aged about 45 years, son of Upendra Yadav, both are resident of village Baghamara, P.O. and P.S. 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 Kr. Tiwari, Advocate Mr. R.N. Chatterjee, Advocate For the State : Mr. Manoj Kr. Mishra, A.P.P.

02/ 19.01.2026 : Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is apprehending his arrest in connection with Chhattarpur P.S. Case No. 233/25, registered under sections 303(2), 317(5), 132, 3(5) of BNS, Section 21 of MMDR Act, under Rule 13 of JMPIMTS Rule pending in the Court of learned Judicial Magistrate, Ist Class, Palamau. 3. Learned counsel for the petitioner submits that petitioner is driver of tractor in question and allegation is made that 100 cft sand was loaded on the said tractor. He submits that petitioner has got no criminal antecedent which is disclosed in para 15 of the petition and owner of the said tractor has been granted anticipatory bail in A.B.A No. 106/2026. On these grounds, he submits that the petitioner may kindly be provided privilege of anticipatory bail.

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

Considering that petitioner is driver of tractor in question and he has got no criminal antecedent which is disclosed in para 15 of the petition and owner of the said tractor has been granted anticipatory bail in the aforesaid A.B.A, 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, Palamau, in connection with Chhattarpur P.S. Case No. 233/25, subject to conditions as laid down under Section 482 (2) of B.N.S.S, 2023.

Dt.19.01.2026 ( Sanjay Kumar Dwivedi, J.)

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