Jhamku Oraon Alias Dinesh Oraon Vs the State… — Mining and Natural Resources | Jharkhand HC (2026)

Jhamku Oraon Alias Dinesh Oraon Vs the State… — Mining and Natural Resources | Jharkhand HC (2026)

What the court decided

AI extract

Outcome

Anticipatory bail granted: petitioners to surrender before the learned Court within three weeks and, on surrender/arrest, to be released on bail on furnishing bail bond of Rs.25,000/- each with two sureties of the like amount each, to the satisfaction of learned Sub-Divisional Judicial Magistrate, Gumla in connection with Sisai P.S. Case No.102 of 2024, subject to conditions under Section 482(2) of Bharatiya Nagarik Suraksha Sanhita, 2023.

Issue for consideration

Whether the petitioners, who are apprehending arrest in connection with Sisai P.S. Case No.102 of 2024 (alleged offences relating to illegal excavation/storage of sand under BNS 2023, MMDR Act 1957 and allied Jharkhand rules), should be enlarged on anticipatory bail.

Court's answer

Considering the facts and circumstances of the case, the Judge was inclined to enlarge the petitioners on anticipatory bail.

Ratio / Principle

The petitioners are directed to surrender before the learned Court within three weeks.

Key takeaways

In the event of surrender/arrest, the petitioners shall be released on bail on furnishing a bail bond of Rs.25,000/- each with two sureties of the like amount each, to the satisfaction of the learned Sub-Divisional Judicial Magistrate, Gumla in connection with Sisai P.S. Case No.102 of 2024, subject to the conditions laid down under Section 482(2) of Bharatiya Nagarik Suraksha Sanhita, 2023.ratio¶6

Detailed headnote1 paragraphs

Anticipatory bail granted (A.B.A. No. 3828 of 2026, High Court of Jharkhand, Ranchi, Justice Sanjay Kumar Dwivedi, 14.07.2026) to petitioners Jhamku Oraon @ Dinesh Oraon and Chumnu Khariya, who were apprehending arrest in connection with Sisai P.S. Case No.102 of 2024 pending before the learned Sub-Divisional Judicial Magistrate, Gumla, for alleged offences registered under Sections 303(2)/317(5)/3(5) of Bharatiya Nyaya Sanhita, 2023, Sections 4/21 of Mines and Minerals (Development & Regulation) Act, 1957, Rules 4/54 of Jharkhand Minor Mineral Concession Rules, 2004 and Rules 7/9 of Jharkhand Minerals (Prevention of Illegal Mining, Transportation & Storage) Rules, 2017, arising from counsel-described allegations of huge quantities of sand illegally excavated from the 'Koyal' river being stored at raiyati plots within Sisai Police Station. Petitioners directed to surrender within three weeks; on surrender/arrest to be released on bail on furnishing bail bond of Rs.25,000/- each with two sureties of the like amount each, to the satisfaction of the learned Sub-Divisional Judicial Magistrate, Gumla, subject to conditions under Section 482(2) of Bharatiya Nagarik Suraksha Sanhita, 2023.

2026:JHHC:20777

IN THE HIGH COURT OF JHARKHAND, RANCHI A.B.A. No. 3828 of 2026

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1. Jhamku Oraon @ Dinesh Oraon, aged about 41 years, S/o Sunduya Oraon, R/o village – Ghaghra, PO and PS – Sisai, District – Gumla, Jharkhand

2. Chumnu Khariya, aged about 27 years, S/o Ahliad Khariya, R/o village -Porha Pahan Toli, PO and PS – Sisai, District – Gumla, Jharkhand .... Petitioners -- Versus -- The State of Jharkhand .... Opposite Party

CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

For the Petitioners :- Ms. Rashika Bhardwaj, Advocate For the State :- Mr. Bishwambhar Shastri, Advocate ----

/14.07.2026 Heard learned counsel appearing for the petitioners as well as the learned counsel appearing for the State.

2. The petitioners are apprehending their arrest in connection with Sisai P.S. Case No.102 of 2024, for the alleged offences registered under Sections 303(2)/317(5)/3(5) of Bharatiya Nyaya Sanhita, 2023, Sections 4/21 of Mines and Minerals (Development & Regulation) Act, 1957, Rules 4/54 of Jharkhand Minor Mineral Concession Rules, 2004 and Rules 7/9 of Jharkhand Minerals (Prevention of Illegal Mining, Transportation & Storage) Rules, 2017 pending in the Court of learned Sub-Divisional Judicial Magistrate, Gumla.

3. Learned counsel appearing for the petitioners submits that the petitioners have been falsely implicated in this case and have --1-- A.B.A. No. 3828 of 2026

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not committed any offence as alleged in the F.I.R. and the allegations are made that huge quantity of sand was found stored at different raiyati plots, which was illegally excavated from ‘’Koyal’’ river within Sisai Police Station. She further submits that the petitioners have been implicated in this case merely on suspicion as the persons who were involved in illegal excavation/storage of sand. She then submits that admittedly the plots from which the alleged recovery of illegal sand was made, do not belong to the petitioners and they have been roped in the present case merely on suspicion. She next submits that the petitioners have got no criminal antecedent as disclosed in paragraph No.17 of the petition. She also submits that in identical situation co-accused persons have been granted anticipatory bail by a Co-ordinate Bench of this Court in ABA No.7403 of 2024. She next submits that the petitioners, however, undertakes to cooperate in the ongoing investigation. On these grounds, she submits that anticipatory bail may kindly be granted.

4. Learned counsel appearing for the State opposed the prayer and submits that the allegations are there of storing huge quantity of sand at the alleged place of storage.

5. Considering the aforesaid facts and circumstances of the case, I am inclined to enlarge the petitioners on anticipatory bail.

6. Accordingly, the petitioners, above named, are hereby directed to surrender before the learned Court within three weeks

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A.B.A. No. 3828 of 2026

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from today, and in the event of their surrender/arrest, the petitioners, above named, shall be released on bail, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each, with two sureties of the like amount each, to the satisfaction of learned Sub-Divisional Judicial Magistrate, Gumla in connection with Sisai P.S. Case No.102 of 2024, subject to the conditions as laid down under Section 482(2) of Bharatiya Nagarik Suraksha Sanhita, 2023.

(Sanjay Kumar Dwivedi, J.)

Dated 14.07.2026 Sangam/

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A.B.A. No. 3828 of 2026