A.B.A./5216/2026 of SHYAM SUNDAR SAW Vs THE STATE OF JHARKHAND on 21 September 2026

1. Shyam Sundar Saw, aged about 44 years, son of Asarfi Saha, r/o G.T. Road, Egarkund, Near Gopal Hard Coke, Kalimati, PO Kumardhubi, and PS Chirkunda, Dist. Dhanbad, Jharkhand

2. Sanjay Kumar Yadav, aged about 32 years, son of Bikhari Yadav, r/o Egarkund, Kalimati PO Kumardhubi, and PS Chirkunda, Dist. Dhanbad, Jharkhand .... Petitioners -- Versus --

The State of Jharkhand

.... Opposite Party

---- CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

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For the Petitioners :- Mr. Manoj Kumar No.4, Advocate

For the State

:- Mr. P.D.Agarwal, Advocate

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2/21.09.2026 Heard learned counsels for petitioners and for State.

2. The petitioners are apprehending their arrest in connection with Masalia PS Case No.88 of 2025, for offence registered under section 303(2), 317(5) of the BNS, 2023 Section 4/21 of Mines and Minerals (Development and Regulation) Act, 1957 and Rules 9/13 of Jharkhand Minerals (Prevention of Illegal Mining, Transportation and Storage) Rules, 2017, pending in court of learned S.D.J.M., Dumka.

3. Learned counsel for petitioners submits that petitioner no.1 is owner and petitioner no.2 is driver of Hywa vehicle in question and allegations are made of carrying coal on the said vehicle. He

2026:JHHC:28552

next submits that Challan is already part of the FIR and the petitioners are having no criminal antecedent as disclosed in paragraph no.14 of the petition and the owner cum driver of the another Hywa vehicle has been granted anticipatory bail in ABA No.2304 of 2026 and in that view of the matter, anticipatory bail may kindly be granted.

4. Learned State counsel opposes prayer and submits that on the basis of the forged Challan the coal was being carried and in that view of the matter the prayer for anticipatory bail may kindly be rejected.

5. Considering that the Challan in Form-B which is part of the FIR is there, however, that is in dispute and the petitioners are said to be owner and driver respectively of the Hywa vehicle in question and further the Challan is the subject matter of investigation and trial and the co-accused has been granted anticipatory bail as aforesaid, I am inclined to grant anticipatory bail to petitioners.

6. Accordingly, petitioners, above named, are hereby directed to surrender before learned court within three weeks from today, and in event of their surrender/arrest, 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 like amount each, to satisfaction of learned S.D.J.M., Dumka, in connection with Masalia PS Case No.88 of 2025, subject to the conditions as laid down under section 482(2) of Bhartiya Nagrik Suraksha Sanhita (BNSS), 2023.

( Sanjay Kumar Dwivedi, J.) 21.09.2026 SI/