Tushar Mehata Vs State of Jharkhand — Mining and Natural Resources | Jharkhand HC (2026)

Tushar Mehata Vs State of Jharkhand — Mining and Natural Resources | Jharkhand HC (2026)

What the court decided

AI extract

Outcome

Anticipatory bail granted: petitioner to surrender within two weeks; on surrender/arrest, to be released on bail on furnishing bail bond of Rs.25,000/- with two sureties of like amount each, to the satisfaction of learned Judicial Magistrate First Class, Ghatshila, in connection with Bahragora PS Case No.76 of 2025, subject to conditions under section 482(2) BNSS, 2023.

Issue for consideration

Whether the petitioner, who is apprehending arrest in connection with Bahragora PS Case No.76 of 2025 (registered under sections 303(2), 317(2) and 3(5) of BNS, 2023, sections 4 and 21 of the MMDR Act, 1957, and Rules 7 and 13 of the Jharkhand mining rules, 2017), should be granted anticipatory bail.

Court's answer

The court is inclined to grant anticipatory bail to the petitioner.

Ratio / Principle

Grounds for granting anticipatory bail: the petitioner is the driver of the tractor in question; the allegation is of carrying 90 cft of sand; the petitioner has no criminal antecedent; and the owner of the vehicle has already been granted anticipatory bail.

Key takeaways

The petitioner is directed to surrender before the learned court within two weeks, and in the event of surrender/arrest he shall be released on bail on furnishing a bail bond of Rs.25,000/- with two sureties of like amount each, to the satisfaction of the learned Judicial Magistrate First Class, Ghatshila, subject to the conditions under section 482(2) BNSS, 2023.ratio¶20

Detailed headnote1 paragraphs

Anticipatory Bail — granted to a 24-year-old tractor driver apprehending arrest in Bahragora PS Case No.76 of 2025 (sections 303(2), 317(2), 3(5) BNS, 2023; sections 4 and 21, Mines and Minerals (Development and Regulation) Act, 1957; Rules 7 and 13, Jharkhand Mines and Minerals (Prevention of Illegal Mining, Transportation and Storage) Rules, 2017), pending before JMFC Ghatshila. Allegation: carriage of 90 cft of sand. Bail allowed considering the petitioner's role as driver of the tractor, absence of criminal antecedent, and anticipatory bail already granted to the vehicle owner by the learned Sessions Judge in ABP No.285 of 2025. Release ordered on a bail bond of Rs.25,000/- with two sureties of like amount each, subject to the conditions under section 482(2) Bhartiya Nagrik Suraksha Sanhita (BNSS), 2023.

2025:JHHC:38808

IN THE HIGH COURT OF JHARKHAND, RANCHI

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A.B.A. No. 2335 of 2026

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Tushar Mehata, aged about 24 years son of Buddheswar Mahata resident of Indrabani Lodhasuli, PO and PS Indrabani District Jhargram Paschim Medinipur, West Bengal

.... Petitioner

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

CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

--For the Petitioner :- Mr. Sourav Kumar, Advocate For the State :- Mr. Bishwambhar Shastri, Advocate ----

2 /08.05.2026 Heard learned counsels for petitioner and for State.

The petitioner is apprehending his arrest in connection

with Bahragora PS Case No.76 of 2025, for offence registered under section 303(2) and 317(2), 3(5) of BNS, 2023, sections 4 and 21 of Mines and Minerals (Development and Regulation ) Act, 1957, Rules 7 and 13 of Jharkhand Mines and Minerals (Prevention of Illegal Mining, Transportation and Storage) Rules, 2017, pending in court of learned Judicial Magistrate First Class, Ghatshila.

Learned counsel for petitioner submits that the petitioner is driver of the tractor in question and the allegations are made of carrying 90 cft sand. He further submits that the petitioner is having no criminal antecedent as disclosed in paragraph no.15 of the petition and the owner of the said vehicle has been granted anticipatory bail by the learned Sessions Judge in ABP No.285 of 2025.

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2025:JHHC:38808

Learned State counsel opposes prayer and submits that allegations are there of illegally carrying the sand in question.

Considering that petitioner is driver of the tractor in question and the allegations are made of carrying 90 cft sand and the petitioner is having no criminal antecedent as aforesaid and the owner of the said vehicle has been granted anticipatory bail as aforesaid, I am inclined to grant anticipatory bail to the petitioner.

Accordingly, the petitioner, above named, is hereby directed to surrender before learned court within two weeks from today, and in 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 like amount each, to the satisfaction of learned Judicial Magistrate First Class, Ghatshila, in connection with Bahragora PS Case No.76 of 2025, subject to the conditions as laid down under section 482(2) of Bhartiya Nagrik Suraksha Sanhita (BNSS), 2023.

( Sanjay Kumar Dwivedi, J.)

08.05.2026 SI/

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