Anil Oraon Vs the State of Jharkhand — Anticipatory Bail | Jharkhand HC (2026)

Anil Oraon Vs the State of Jharkhand — Anticipatory Bail | Jharkhand HC (2026)

What the court decided

AI extract

Outcome

Anticipatory bail granted: petitioner to surrender within three weeks and, on arrest or surrender, be enlarged on bail on a bail bond of Rs.25,000/- with two sureties of the like amount each, 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 apprehends arrest in Gumla P.S. Case No.426/2025 dated 24.12.2025 registered for the offence under Sections 303(2) and 317(5) of the BNS, Rules 4 and 54 of the JMMC Rules and Rules 7 and 9 of the Jharkhand Minerals (Prevention of Illegal Mining, Transportation and Storage) Rules, 2017.

Court's answer

Anticipatory bail extended to the petitioner on the grounds that nothing was loaded on the tractor, the petitioner was merely its driver earning his livelihood by driving it, the tractor's owner had already been granted anticipatory bail by this Court in A.B.A. No.1062 of 2026, and the petitioner has no criminal antecedent.

Ratio / Principle

Petitioner directed to surrender before the learned Court within three weeks; on arrest or surrender, to be enlarged on bail on a bail bond of Rs.25,000/- with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Gumla, subject to the conditions laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Detailed headnote1 paragraphs

ANTICIPATORY BAIL GRANTED (Single Judge, Jharkhand High Court, Ranchi): Petitioner, driver of a tractor allegedly parked near the river bank for loading sand in Gumla P.S. Case No.426/2025 (Ss.303(2), 317(5) BNS; JMMC Rules 4, 54; Jharkhand Minerals (Prevention of Illegal Mining, Transportation and Storage) Rules, 2017, Rules 7, 9), granted anticipatory bail — nothing was found loaded on the tractor; he drives it for his livelihood and has no criminal antecedent; the tractor's owner had already been granted anticipatory bail in A.B.A. No.1062 of 2026. To surrender within three weeks; bail bond Rs.25,000/- with two like sureties to the CJM, Gumla; conditions per S.482(2), Bharatiya Nagarik Suraksha Sanhita, 2023.

( 2026:JHHC:17324 )

IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 3088 of 2026

Anil Oraon, aged about 29 years, son of Rama Oraon, resident of Vill.- Khora Bhakuwa, P.O. Khora, P.S. Gumla, District- Gumla … Petitioner

-Versus-

The State of Jharkhand … Opposite Party

CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI ----- For the Petitioner : Mr. Kumar Nishant, Advocate For the State : Mr. Rajneesh Vardhan, A.P.P.

02/16.06.2026 Heard learned counsel appearing for the petitioner and learned counsel appearing for the State.

The petitioner is apprehending his arrest in connection with Gumla P.S. Case No.426/2025 dated 24.12.2025, registered for the offence under Sections 303(2) and 317(5) of the BNS, Rules 4 and 54 of JMMC Rules and Rules 7 and 9 of Jharkhand Minerals (Prevention of Illegal Mining, Transportation and Storage) Rules, 2017, pending in the Court of the learned Chief Judicial Magistrate, Gumla.

Learned counsel appearing for the petitioner submits that the petitioner happened to be driver of the tractor and there was no sand loaded on the said tractor. He further submits that only the tractor was parked nearby the bank of Koyal river. He then submits that the petitioner earns his livelihood by way of driving the said tractor. He next submits that the petitioner is having no criminal antecedent, as disclosed in paragraph 12 of this application. He also submits that the owner of the tractor has been provided privilege of anticipatory bail by this Court in A.B.A. No.1062 of 2026.

Learned counsel appearing for the State opposed the prayer and submits that the petitioner happened to be driver of the tractor and the

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( 2026:JHHC:17324 )

allegations are there of parking the vehicle nearby the bank of river for loading the sand.

Considering that nothing was loaded on the tractor and the petitioner happened to be driver of the tractor and it has been pointed out that the petitioner earns his livelihood by way of driving the tractor and further the owner of the tractor has been granted anticipatory bail by this Court in the aforesaid A.B.A. and the petitioner is having no criminal antecedent, as disclosed in paragraph 12 of this application 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 Chief Judicial Magistrate, Gumla in connection with Gumla P.S. Case No.426/2025, subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

(Sanjay Kumar Dwivedi, J.)

Dated: 16^th June, 2026 Ajay/

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A.B.A. No. 3088 of 2026