Kamlesh Singh Vs the State of Jharkhand — Mining and Natural Resources | Jharkhand HC (2026)

Kamlesh Singh Vs the State of Jharkhand — Mining and Natural Resources | Jharkhand HC (2026)

What the court decided

AI extract

Outcome

Anticipatory bail extended: petitioner directed to surrender within three weeks and, on arrest or surrender, to be enlarged on bail on furnishing a bail bond of Rs.25,000/- with two sureties of the like amount each, to the satisfaction of the Judicial Magistrate, 1st Class, Gumla, in connection with Bishunpur P.S. Case No. 07 of 2026, subject to the conditions laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Issue for consideration

Whether anticipatory bail should be granted to the petitioner, who is apprehending arrest in connection with Bishunpur P.S. Case No. 07 of 2026, registered for offences under Sections 303(2), 317(5) and 3(5) of Bharatiya Nyaya Sanhita, 2023, Section 21 of the Mines and Minerals (Development and Regulation) Act, 1957, Rule-54 of Jharkhand Minor Mineral Concession Rules, 2004, and Rule 13 of the Jharkhand Minerals (Prevention of Illegal Mining Transportation and Storage) Rules, 2017.

Court's answer

Considering that the petitioner is the owner of the hywa truck in question, has no criminal antecedent (with disclosure made in para-14 of the petition), and in the attending facts and circumstances of the case, the author was inclined to extend the privilege of anticipatory bail to the petitioner.

Ratio / Principle

The petitioner was directed to surrender before the learned court within three weeks and, in the event of his arrest or surrender, to be enlarged on bail on furnishing a bail bond of Rs.25,000/- with two sureties of the like amount each, to the satisfaction of the Judicial Magistrate, 1st Class, Gumla, in connection with Bishunpur P.S. Case No. 07 of 2026, subject to the conditions laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Detailed headnote1 paragraphs

A.B.A. No. 2374 of 2026 (Jharkhand HC at Ranchi, decided 11.05.2026, Sanjay Kumar Dwivedi, J.): Anticipatory bail granted to Kamlesh Singh, stated owner of a hywa truck against which allegations of loading of 858 CFT sand were made (per counsel's submission), in connection with Bishunpur P.S. Case No. 07 of 2026 registered under Sections 303(2), 317(5) and 3(5) of Bharatiya Nyaya Sanhita, 2023, Section 21 of the Mines and Minerals (Development and Regulation) Act, 1957, Rule-54 of Jharkhand Minor Mineral Concession Rules, 2004, and Rule 13 of the Jharkhand Minerals (Prevention of Illegal Mining Transportation and Storage) Rules, 2017, pending before the Judicial Magistrate, 1st Class, Gumla. Basis: petitioner's ownership of the vehicle, absence of criminal antecedent (disclosed in para-14 of the petition), and attending circumstances. Operative directions: surrender within three weeks; on arrest or surrender, enlargement on bail on a Rs.25,000/- bond with two like sureties, subject to Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 conditions.

[ 2026:JHHC:14080]

IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 2374 of 2026

Kamlesh Singh, aged about 35 years, S/o- Late Ganesh

Singh, R/o- Village- Chati Serka, P.O- & P.S.Bishunpur, District- Gumla, Jharkhand.

..... … Petitioner

Versus

The State of Jharkhand

..... … Opposite Party

CORAM : HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

-----For the Petitioner : Ms. Rashika Bhardwaj, Advocate. For the State : Mr. Rakesh Kumar Sinha, A.P.P. ------

03/ 11.05.2026 Heard learned counsel for the petitioner and learned A.P.P

for the State.

The petitioner is apprehending his arrest in connection with Bishunpur P.S. Case No. 07 of 2026, registered for the offence under Sections 303(2), 317(5) and 3(5) of Bharatiya Nyaya Sanhita, 2023, Section 21 of the Mines and Minerals (Development and Regulation) Act, 1957, Rule-54 of Jharkhand Minor Mineral Concession Rules, 2004, Rule 13 of the Jharkhand Minerals (Prevention of Illegal Mining Transportation and Storage) Rules, 2017, pending in the court of learned Judicial Magistrate, 1st Class, Gumla.

Learned counsel appearing for the petitioner submits that the petitioner happened to be the owner of the hywa truck and allegations are made of loading of 858 CFT sand. She next submits that the petitioner is having no criminal antecedent and disclosure to that effect has been made in para-14 of the petition. He further submits that the said vehicle was being looked after by the driver.

Learned A.P.P. appearing for the State has opposed the prayer and submits that the petitioner happened to be the owner of the

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[ 2026:JHHC:14080]

said vehicle.

Considering that the petitioner happened to be the owner of the hywa truck in question and further he is having no criminal antecedent and disclosure to that effect has been made in para-14 of the petition and in the attending facts and circumstances of the case, I am inclined to extend the privilege of 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 arrest or surrender, he shall be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Gumla, in connection with Bishunpur P.S. Case No. 07 of 2026, subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

(Sanjay Kumar Dwivedi, J.)

Dated:-11.05.2026 Amitesh/-

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