Umesh Kumar Mishra Vs the State of Jharkhand — Mining and Natural Resources | Jharkhand HC (2026)

Umesh Kumar Mishra Vs the State of Jharkhand — 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 two weeks from 18.07.2026 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 learned Sub Divisional Judicial Magistrate, Gumla, in connection with Sisai P.S. Case No. 19 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 Umesh Kumar Mishra, who apprehends arrest in Sisai P.S. Case No. 19 of 2026, registered for offences under Sections 303(2), 317(5) and 3(5) of the Bhartiya Nyaya Sanhita, 2023, Sections 4 and 21 of the Mines and Minerals (Development and Regulation) Act, 1957, Rules 4 and 54 of the Jharkhand Minor and Minerals Concession Rules, 2004 and Rules 7 and 9 of the Jharkhand Mineral (Prevention of Illegal Mining, Transportation and Storage) Rule, 2017, notwithstanding one criminal antecedent.

Court's answer

Grant of anticipatory bail rests on the finding that the petitioner's name surfaced on suspicion alone and on parity with co-accused persons who had been granted anticipatory bail by this Court in identical situation in A.B.A. Nos. 1833, 2321 and 3104 of 2026.

Ratio / Principle

A criminal antecedent cannot be the sole criterion for granting or rejecting anticipatory bail or regular bail.

Key takeaways

The petitioner is directed to surrender before the learned court within two weeks, and in the event of his arrest or surrender he shall be enlarged on bail.ratio¶15
Enlargement is on furnishing a bail bond of Rs.25,000/- (Twenty Five Thousand) 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. 19 of 2026, subject to the conditions laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.ratio¶15

Detailed headnote1 paragraphs

Anticipatory bail granted. The petitioner apprehended arrest in Sisai P.S. Case No. 19 of 2026, registered for offences under Sections 303(2), 317(5) and 3(5) of the Bhartiya Nyaya Sanhita, 2023, Sections 4 and 21 of the Mines and Minerals (Development and Regulation) Act, 1957, Rules 4 and 54 of the Jharkhand Minor and Minerals Concession Rules, 2004 and Rules 7 and 9 of the Jharkhand Mineral (Prevention of Illegal Mining, Transportation and Storage) Rule, 2017, pending before the learned Sub Divisional Judicial Magistrate, Gumla. The Court found that his name had surfaced on suspicion alone and noted parity with co-accused persons already granted anticipatory bail by the Court in identical circumstances in A.B.A. Nos. 1833, 2321 and 3104 of 2026; the petitioner's single admitted criminal antecedent was held incapable of being the sole criterion for granting or rejecting anticipatory bail or regular bail. He was directed to surrender within two weeks, failing which on arrest or surrender he is to be enlarged on a Rs.25,000/- bond with two sureties of the like amount each to the satisfaction of the SDJM, Gumla, subject to the conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

2026:JHHC:21197

IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 3882 of 2026

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Umesh Kumar Mishra, aged about 62 years, son of Late Bhuneshwar Mishra, resident of Village Jalka, P.O. and P.S. Sisai, 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 Mr. K.S. Nanda, Advocate For the State : Mr. Prabir Chatterjee, Special P.P.

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02/18.07.2026 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is apprehending his arrest in connection with Sisai P.S. Case No. 19 of 2026, registered for the offence under Sections 303(2), 317(5) and 3(5) of Bhartiya Nyaya Sanhita, 2023, Sections 4 and 21 of Mines and Minerals (Development and Regulation) Act, 1957, Rules 4 and 54 of Jharkhand Minor and Minerals Concession Rules, 2004 and Rules 7 and 9 of Jharkhand Mineral (Prevention of Illegal Mining, Transportation and Storage) Rule, 2017 pending in the court of learned Sub Divisional Judicial Magistrate, Gumla.

Learned counsel appearing for the petitioner submits that the petitioner has been falsely implicated in the case and only on suspicion petitioner’s name has come. She next submits that allegation of storing the sand in question near Koyal river is not correct and the petitioner has nothing to do with storing the sand near Koyal river. She further submits that other co-accused persons have been granted anticipatory bail by this court in A.B.A. No.1833 of 2026, A.B.A. No.2321 of 2026 and A.B.A. No.3104 of 2026. She fairly submits that the petitioner is having one criminal antecedent.

Learned counsel appearing for the State opposes the prayer and submits that the name of the petitioner has come on suspicion.

2026:JHHC:21197

Considering that the name of the petitioner has come on suspicion only and the co-accused persons have been granted anticipatory bail in identical situation in the aforesaid A.B.As. and further criminal antecedent cannot be the sole criterial for granting or rejecting anticipatory bail or regular bail, in the attending facts and circumstances, I am inclined to grant anticipatory bail to the petitioner.

Accordingly, the above-named petitioner is directed to surrender before the learned court within two 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 Sub Divisional Judicial Magistrate, Gumla, in connection with Sisai P.S. Case No. 19 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 18.07.2026

Anit

Uploaded 21.07.2026