Enayatullah Ansari Alias Inayat Ansari Vs the… — Mining and Natural Resources | Jharkhand HC (2026)

Enayatullah Ansari Alias Inayat Ansari Vs the… — 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 and, upon surrender/arrest, to be released on bail on furnishing a bail bond of Rs. 25,000/- with two sureties of the like amount each, to the satisfaction of the learned Chief Judicial Magistrate, Jamtara, subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Issue for consideration

Whether the petitioner, apprehending arrest in Jamtara P.S. Case No. 136 of 2025 for alleged offences under Sections 303(2), 338, 336(3) and 340(2) of the Bharatiya Nyaya Sanhita, 2023, Section 4/21 of the Mines and Minerals (Development & Regulation) Act, 1957 and Rule 9/13 of the Jharkhand Minerals (Prevention of Illegal Mining Transportation and Storage) Rule, 2017, is entitled to anticipatory bail.

Court's answer

Considering that the petitioner is the owner of the said hywa and has no criminal antecedent, and that the transporting challan — though part of the FIR — is in dispute and is a matter of investigation, the Court was inclined to grant 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 surrender/arrest, to be released on bail on furnishing a bail bond of Rs. 25,000/- with two sureties of the like amount each, to the satisfaction of the learned Chief Judicial Magistrate, Jamtara, in connection with Jamtara P.S. Case No. 136 of 2025, subject to the conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Key takeaways

The transporting challan, being part of the FIR, is in dispute and is a subject matter of investigation; it was not decided against the petitioner at the bail stage.obiter¶¶15

Detailed headnote1 paragraphs

Anticipatory Bail — Granted. The petitioner, owner of a hywa tripper vehicle, apprehended arrest in Jamtara P.S. Case No. 136 of 2025 registered under Sections 303(2), 338, 336(3) and 340(2) of the Bharatiya Nyaya Sanhita, 2023, Section 4/21 of the Mines and Minerals (Development & Regulation) Act, 1957 and Rule 9/13 of the Jharkhand Minerals (Prevention of Illegal Mining Transportation and Storage) Rule, 2017, for allegedly carrying 800 cft. quartzite without a challan. The Court noted that the petitioner had no criminal antecedent and that the transporting challan, though part of the FIR, was in dispute and a matter of investigation. The petitioner was directed to surrender within three weeks and, upon surrender/arrest, to be released on bail on a bond of Rs. 25,000/- with two like sureties, subject to the conditions of Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. (A.B.A. No. 2727 of 2026, decided on 08.06.2026 by Sanjay Kumar Dwivedi, J.)

2026:JHHC:16285

IN THE HIGH COURT OF JHARKHAND, RANCHI A.B.A. No. 2727 of 2026

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Enayatullah Ansari @ Inayat Ansari, aged about 24 years, S/o Hannan Ansari, resident of village – Telbediya, PO and PS – Narayanpur, District -Jamtara .... Petitioner

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

CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI --For the Petitioner :- Mr. Abhishek Singh, Advocate For the State :- Mr. Bishwambhar Shastri, Advocate ----

02 /08.06.2026 Heard learned counsel appearing for the petitioner as well as learned counsel appearing for the State.

2. The petitioner is apprehending his arrest in connection with Jamtara P.S. Case No.136 of 2025, for the alleged offences registered under Sections 303(2), 338, 336(3) and 340(2) of Bharatiya Nyaya Sanhita, 2023, Section 4/21 of Mines and Minerals (Development & Regulation) Act, 1957 and Rule 9/13 of Jharkhand Minerals (Prevention of Illegal Mining Transportation and Storage) Rule, 2017 of Bharatiya Nyaya Sanhita, 2023 pending in the Court of learned Chief Judicial Magistrate, Jamtara.

3. Learned counsel appearing for the petitioner submits that the petitioner happened to be owner of hywa tripper vehicle and the allegations are made of carrying 800 cft. quartzite in absence of any challan. He further submits that the petitioner has got no criminal antecedent as disclosed in paragraph No.13 of the petition. On

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2026:JHHC:16285

these grounds, he submits that anticipatory bail may kindly be granted.

4. Learned counsel appearing for the State opposed the prayer and submits that in absence of any valid challan the said quartzite was being carried in the said hywa.

5. Considering that the petitioner happened to be owner of said hywa and the petitioner has got no criminal antecedent as disclosed in paragraph No.13 of the petition. Transporting challan is the part of FIR itself, however, that is in dispute and that is subject matter of investigation. In the attending facts and circumstances of this case, 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 Chief Judicial Magistrate, Jamtara in connection with Jamtara P.S. Case No.136 of 2025, subject to the conditions as laid down under Section 482(2) of Bharatiya Nagarik Suraksha Sanhita, 2023.

(Sanjay Kumar Dwivedi, J.)

Dated 08.06.2026 Sangam/

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A.B.A. No. 2727 of 2026