Authority: High Court of Jharkhand at Ranchi

Order Date: 27 July 2026

Case Overview

  • Petitioner: Md. Jiyaul Rahman (age ~34), son of Md. Zakim Shaikh, resident of village‑Jaikisthopur, P.S. Manirampur, District Pakur, Jharkhand; proprietor of M/s Zeeshan Stone Works (registered office same village).
  • Opposite Party: The State of Jharkhand.
  • Legal Representation: Petitioner's counsel – Mr. Saurabh Shekhar, Mr. Anurag Kumar, Mr. Yuvraj Singh. State counsel – Mr. Vishwanath Roy, A.P.P.
  • Criminal Case: Pakur (Town) P.S. Case No. 123 of 2026, filed under sections 336(3), 338, 340(2), 318(4), 61(2) and 3(5) of the BNS, 2023, pending before the Chief Judicial Magistrate, Pakur.
  • Background of Dispute:
  • Applied for mining lease of minor mineral (stone) on 02‑03‑2021.
  • District Mining Officer issued a contiguous report on 06‑07‑2021.
  • Environmental Clearance Certificate (ECC) in B‑2 category granted on 23‑09‑2021 (Annexure‑2).
  • Mines in Mauza Talpahari, Thana No.115, Jamabandi Nos.21,08, Plot Nos.1226/P‑1228,1230‑1234, covering 2.60 A (1.05 H), were registered to the petitioner’s proprietorship firm as a registered mineral dealer per letter dated 18‑11‑2021 (Annexure‑3).
  • Directorate of Mines identified discrepancies in the contiguous report for FY 2022‑23 (Letter No. 1025/M dated 24‑04‑2026); ECC was subsequently withdrawn.
  • District Mining Officer (letter dated 13‑05‑2024) directed petitioner to obtain ECC in B‑1 category; petitioner applied to State Environment Impact Assessment Authority (Annexure‑4).
  • Lease cancellation was challenged in W.P.(C) No. 2689 of 2025; the matter was disposed on 09‑09‑2025 with liberty to seek remedy (Annexure‑5).
  • The core dispute concerns lease categories B‑1 and B‑2.
  • Petitioner's Prayer: Grant of anticipatory bail to avoid arrest in the aforementioned criminal case.
  • State's Position: Opposed bail, alleging petitioner’s involvement in misdeeds.

Final Outcome

  • The Court, after reviewing the materials and annexures, observed a prima facie dispute regarding the mining lease categories and therefore inclined to grant anticipatory bail.
  • Directions:
  • Petitioner must surrender before the learned Chief Judicial Magistrate, Pakur, within three weeks from the order date.
  • Upon surrender/arrest, petitioner shall be released on bail upon furnishing bail bonds of Rs 25,000 (twenty‑five thousand rupees) each, along with two sureties of the same amount, to the satisfaction of the Chief Judicial Magistrate.
  • The bail is granted subject to conditions under Section 482(2) of the B.N.S.S, 2023.

Topics: Anticipatory Bail, Mining Lease Dispute