Basant Mahto Vs the State of Jharkhand — Mining and Natural Resources | Jharkhand HC (2026)

Basant Mahto Vs the State of Jharkhand — Mining and Natural Resources | Jharkhand HC (2026)

What the court decided

AI extract

Outcome

Anticipatory bail: surrender before the learned Court within four weeks from receipt of the order; on surrender/arrest, release on bail bond of Rs.25,000 with two sureties of the like amount each, to the satisfaction of the Additional Chief Judicial Magistrate, Ranchi, in connection with Complaint Case No.-28946/2025, subject to Section 482(2) conditions of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Issue for consideration

Whether anticipatory bail should be granted to the petitioner, who is apprehending arrest in connection with Complaint Case No.-28946/2025 (offences under Sections 4, 21 of the Mines and Minerals Regulation and Development Act, 1957 r/w Rule 54 of the Jharkhand Minor Mineral Concession Rules, 2004 r/w Rule 9, 11 of the Jharkhand Minerals Prevention of Illegal Mining, Transportation, and Storage Rules, 2017).

Court's answer

Anticipatory bail granted, considering that the petitioner is the owner of the tractor in question, has no criminal antecedent as disclosed in Para 12 of the petition, and the driver of the said tractor has already been granted anticipatory bail in ABA No. 7288 of 2025.

Ratio / Principle

Petitioner directed to surrender before the learned Court within four weeks; on surrender/arrest to be released 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 the learned Additional Chief Judicial Magistrate, Ranchi, subject to the conditions laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Detailed headnote1 paragraphs

Anticipatory Bail — High Court of Jharkhand at Ranchi (Sanjay Kumar Dwivedi, J.), 07.01.2026: Granted to Basant Mahto, owner of a tractor allegedly carrying 100 cft. of sand, who apprehended arrest in Complaint Case No.-28946/2025 (Sections 4, 21, Mines and Minerals Regulation and Development Act, 1957 r/w Rule 54, Jharkhand Minor Mineral Concession Rules, 2004 r/w Rule 9, 11, Jharkhand Minerals Prevention of Illegal Mining, Transportation, and Storage Rules, 2017) pending before the Additional Chief Judicial Magistrate, Ranchi. Grounds: petitioner's ownership of the tractor, absence of criminal antecedent, and the driver's earlier anticipatory bail in ABA No. 7288 of 2025. Petitioner to surrender within four weeks; release on bail bond of Rs.25,000 with two like sureties, subject to Section 482(2), Bharatiya Nagarik Suraksha Sanhita, 2023. Application allowed and disposed of.

2026:JHHC:240

IN THE HIGH COURT OF JHARKHAND AT RANCHI ABA No.7513 of 2025

Basant Mahto, aged about 43 years, Son of- Buka Mahto, Resident of Village-Gunja, P.O & P.S.- Toklo, District -West Singhbhum (Jharkhand)- 833102. …. Petitioner

Versus

The State of Jharkhand … Opp. Party

CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

-----For the Petitioner : Mr. Sankalp Goswami, Advocate For the State : Mr. Abhay Kr. Tiwari, APP

2/07.01.2026 Heard learned counsel appearing on behalf of Petitioner and

learned counsel appearing on behalf of the State.

The petitioner is apprehending his arrest in connection with Complaint Case No.-28946/2025, for offences under Sections 4, 21 of the Mines and Minerals Regulation and Development Act, 1957, r/w Rule 54 of Jharkhand Minor Mineral Concession Rules, 2004, r/w Rule 9, 11 of the Jharkhand Minerals Prevention of Illegal Mining, Transportation, and Storage Rules, 2017, pending in the Court of Learned Additional Chief Judicial Magistrate, Ranchi.

Learned counsel appearing for the petitioner submits that petitioner happened to be owner of the tractor in question and the allegations are made that 100 cft. sand was loaded. He further submits that the petitioner has got no criminal antecedent as disclosed in Para 12 of the petition and the driver of the said tractor has been granted anticipatory bail in ABA No. 7288 of 2025.

Learned counsel appearing for the State opposed the prayer and submits that illegally sand was being carried.

Considering that the petitioner is the owner of the tractor in

1

2026:JHHC:240

question, the petitioner has got no criminal antecedent as disclosed in Para 12 of the petition and the driver of the said tractor has been granted anticipatory bail in ABA No. 7288 of 2025, I am inclined to grant anticipatory bail to the petitioner.

Accordingly, the petitioner, above named, is directed to surrender before the learned Court within four weeks from the date of receipt of the order and on the event of his surrender / arrest, he shall be released on bail on furnishing bail bond of Rs.25,000/(Twenty-Five Thousand) with two sureties of the like amount of each to the satisfaction of learned Additional Chief Judicial Magistrate, Ranchi, in connection with Complaint Case No.-28946/2025, subject to the condition as laid down under Section 482(2) of Bharatiya Nagarik Suraksha Sanhita, 2023.

This Anticipatory Bail Application is accordingly allowed and disposed of.

(Sanjay Kumar Dwivedi, J.)

07.01.2026

R.Kumar

2