Pradip Mondal Vs the State of Jharkhand — Mining and Natural Resources | Jharkhand HC (2026)

Pradip Mondal Vs the State of Jharkhand — Mining and Natural Resources | Jharkhand HC (2026)

What the court decided

AI extract

Outcome

Anticipatory bail: petitioner to surrender within three weeks and, on surrender/arrest, to be released on bail on furnishing bail bonds of Rs. 25,000 with two sureties of the like amount each, to the satisfaction of the learned Judicial Magistrate, Ist Class, Ghatshila, subject to conditions under Section 482(2) of B.N.S.S, 2023.

Issue for consideration

Whether the petitioner, who is apprehending arrest in connection with Bahragora P.S. Case No. 40 of 2025, is entitled to anticipatory bail.

Court's answer

The court was inclined to grant anticipatory bail because the petitioner is the owner of the truck in question, has got no criminal antecedent (disclosed in para 12 of the petition), and complied with the notice under section 35(3) of BNSS, 2023.

Ratio / Principle

Anticipatory bail granted: the petitioner is directed to surrender before the learned court within three weeks and, in the event of his surrender/arrest, to be released on bail on furnishing bail bonds of Rs. 25,000 with two sureties of the like amount each, to the satisfaction of the learned Judicial Magistrate, Ist Class, Ghatshila, subject to the conditions laid down under Section 482(2) of B.N.S.S, 2023.

Detailed headnote1 paragraphs

Anticipatory bail allowed. The petitioner, owner of the truck alleged to be carrying 1100 cft of sand in Bahragora P.S. Case No. 40 of 2025 (sections 303(2)/317(2)/3(5) BNS, 2023; Section 4/21 MMDR, 1957; Rule 4/54 JMMCR, 2004; Rule 7/13 Jharkhand Minerals (Prevention of Illegal Mining Transportation and Storage) Rules, 2017), pending before the learned Judicial Magistrate, Ist Class, Ghatshila, was granted anticipatory bail as he had no criminal antecedent and had complied with the notice under section 35(3) of BNSS, 2023. He was directed to surrender within three weeks and, on surrender/arrest, to be released on bail bonds of Rs. 25,000 with two sureties of the like amount each, subject to the conditions under Section 482(2) of B.N.S.S, 2023.

 ( 2026:JHHC:3053 )

IN THE HIGH COURT OF JHARKHAND AT RANCHI A. B. A. No. 628 of 2026

Pradip Mondal, aged about 47 years, son of Kalipada Mondal, resident of Harina, Hatsultanpur, P.O. and P.S. Harina, District-Paschim Mednipur (West Bengal)

...... … Petitioner Versus The State of Jharkhand .…. … Opposite Party -------- CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI For the Petitioner :Mrs. Vani Kumari, Advocate For the State : Mr. Shiv Shankar Kumar, A.P.P.

02/ 05.02.2026 : Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is apprehending his arrest in connection with Bahragora P.S. Case No. 40 of 2025, registered under sections 303(2)/317(2)/3(5) of BNS, 2023, Section 4/21 of MMDR, 1957, Rule 4/54 of JMMCR, 2004 and Rule 7/13 of Jharkhand Minerals (Prevention of Illegal Mining Transportation and Storage) Rules, 2017, pending in the Court of learned Judicial Magistrate, Ist Class, Ghatshila.

Learned counsel for the petitioner submits that petitioner is owner of truck in question and allegation is made that 1100 cft sand was loaded on the said vehicle. She further submits that petitioner has got no criminal antecedent which is disclosed in para 12 of the petition. She next submits that the vehicle was being driven by driver. She also submits that petitioner complied notice under section 35(3) of BNSS, 2023. On these grounds, she submits that the petitioner may kindly be provided privilege of anticipatory bail.

Learned counsel for the State opposes the prayer and submits that illegally the sand was being carried on the said vehicle.

Considering that petitioner is owner of truck in question, he

 ( 2026:JHHC:3053 )

has got no criminal antecedent which is disclosed in para 12 of the petition and petitioner complied notice under section 35(3) of BNSS, 2023, I am inclined to grant 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 surrender / arrest, the petitioner shall be released on bail, on furnishing bail bonds of Rs. 25,000/(twenty five thousand) with two sureties of the like amount each, to the satisfaction of learned Judicial Magistrate, Ist Class, Ghatshila, in connection with Bahragora P.S. Case No. 40 of 2025, subject to conditions as laid down under Section 482 (2) of B.N.S.S, 2023.

Dt.05.02.2026

( Sanjay Kumar Dwivedi, J.)

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