Allowed¶21

Niranjan Rawani v. the State of Jharkhand

Jharkhand HC8 Jul 2026A.B.A./3721/2026

Case brief

AI extract

What is this about?

Jharkhand HC, Ranchi; A.B.A. No. 3721 of 2026; Sanjay Kumar Dwivedi, J.; anticipatory bail allowed 08.07.2026; illegal coal transportation; Tetulmari P.S. Case No. 20 of 2025; BNS 2023 Ss. 317(5), 3(5); MMDR Act 1957 S. 4/21; Jharkhand Minerals Rules 2017 R. 9/13; BNSS 2023 Ss. 35(3), 482(2); confessional statement of co-accused; parity with co-accused granted bail; criminal antecedent not sole criterion; bail bond Rs. 25,000/- with two sureties; Judicial Magistrate, Dhanbad.

What did the court decide?

Anticipatory bail granted: petitioner directed to surrender within three weeks and, on arrest or surrender, to be enlarged on bail on a personal bond/bail bond of Rs.25,000/- with two sureties of the like amount each, subject to the conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. ¶21

Niranjan Rawani Vs the State of Jharkhand — Mining and Natural Resources | Jharkhand HC (2026)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether anticipatory bail should be granted to the petitioner, who is apprehending arrest in Tetulmari P.S. Case No. 20 of 2025 despite having one criminal antecedent, given that an identically placed co-accused has already been granted anticipatory bail.

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Court's answer

Criminal antecedent is not the sole criterion either to reject or to allow regular bail or anticipatory bail.

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Ratio / Principle

Since the petitioner's name surfaced only on the basis of the confessional statement of an apprehended co-accused, and an identically placed co-accused has already been granted anticipatory bail by the learned Sessions Judge, the court extends the privilege of anticipatory bail to the petitioner notwithstanding his one criminal antecedent.

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Key takeaways

Operative direction: the petitioner is to surrender before the learned Court within three weeks and, in the event of arrest or surrender, shall 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 learned Judicial Magistrate, Dhanbad, subject to the conditions laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.ratio¶21

Detailed headnote1 paragraphs

Anticipatory Bail — granted. Applicant, arraigned in Tetulmari P.S. Case No. 20 of 2025 (Sections 317(5) and 3(5) BNS 2023; Section 4/21 MMDR Act 1957; Rule 9/13 Jharkhand Minerals Rules 2017) for alleged carriage of coal, was named only on the basis of the confessional statement of an apprehended co-accused. His earlier anticipatory-bail prayer had been rejected by the Sessions Judge solely for one criminal antecedent, while an identically placed co-accused had been granted anticipatory bail. Holding: a criminal antecedent is not the sole criterion to reject or allow regular or anticipatory bail. Applicant directed to surrender within three weeks and to be enlarged on bail on a bond of Rs.25,000/- with two like sureties, subject to Section 482(2) BNSS 2023 conditions.

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[ 2026:JHHC:20070]

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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 3721 of 2026

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Niranjan Rawani, aged about 42 years, son of Lakhan Rawani, resident of Chhota Nagari, P.O. Chandor, P.S. Tetulmari, District Dhanbad.

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..... … Petitioner

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Versus

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The State of Jharkhand

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..... … Opposite Party

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CORAM : HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

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-----For the Petitioner : Mr. Niraj Kumar Sinha, Advocate. For the State : Mrs. Nehala Sharmin, A.P.P.

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03/ 08.07.2026 Heard learned counsel for the petitioner and learned A.P.P

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for the State.

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The petitioner is apprehending his arrest in connection with Tetulmari P.S. Case No. 20 of 2025, registered for the offence under Sections 317(5) and 3(5) of Bharatiya Nyaya Sanhita, 2023, Section 4/21 of the Mines and Minerals (Development and Regulation) Act, 1957 and Rule 9/13 of the Jharkhand Minerals (Prevention of Illegal Mining Transportation and Storage) Rules, 2017, pending in the court of learned Judicial Magistrate, Dhanbad.

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Learned counsel appearing for the petitioner submits that the petitioner has been falsely implicated in this case on the basis of confessional statement of the apprehended co-accused. He next submits that the petitioner was not carrying the coal, however, allegations are made of carrying coal. He further submits that the petitioner has already complied the notice issued under Section 35(3) of Bharatiya Nagarik Suraksha Sanhita, 2023. He also submits that the prayer for anticipatory bail of this petitioner was rejected by the learned Sessions Judge only on the ground that he is having one criminal antecedent, however, other co-accused person has already been provided the privilege of anticipatory bail by the said impugned

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[ 2026:JHHC:20070]

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order. On these grounds, he submits that anticipatory bail may kindly be provided to the petitioner.

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Learned A.P.P. appearing for the State has opposed the prayer and submits that the petitioner is having one criminal antecedent. On this ground, she submits that anticipatory bail may kindly be rejected.

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It transpires that the name of this petitioner has come on the basis of confessional statement and in the identical situation, the other co-accused person has already been provided the privilege of anticipatory bail by the learned Sessions Judge. There is no doubt, the petitioner is having one criminal antecedent, however, the criminal antecedent is not the sole criteria either to reject or allow the regular bail or anticipatory bail.

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In the attending facts and circumstances of the case, I am inclined to extend the privilege of anticipatory bail to the petitioner.

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Accordingly, the above-named petitioner is directed to surrender before the learned Court within three weeks from today and in the event of her 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, Dhanbad, in connection with Tetulmari P.S. Case No. 20 of 2025, subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

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(Sanjay Kumar Dwivedi, J.)

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Dated:-08.07.2026 Amitesh/-

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Niranjan Rawani v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Niranjan Rawani v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

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