2025:JHHC:11989 IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 2357 of 2025 Bhola Kumar Sahu son of Rajnath Sahu resident of village Bakashpur, P.O Lapa, P.S. Karra, District -Khunti, Jharkhand .... Petitioner(s). Versus The State of Jharkhand … Opp. Party(s). With A.B.A. No. 2358 of 2025 Akash Nag, son of Ghura Nag, resident of village Ramdih, P.O Basia, P.S. Basia, District- Gumla, Jharkhand .... Petitioner(s). Versus The State of Jharkhand … Opp. Party(s). ------ CORAM : SRI ANANDA SEN, J. ------ For the Petitioner(s) : M/s Kripa Shankar Nanda and N.K. Sinha, Advocates. For the State : M/s Prabir Chatterjee and Sunil Kr. Dubey, APPs …..... 03/23.04.2025 These are the applications filed by the petitioners praying for grant of anticipatory bail in terms of Sections 482 and 484 of the Bhartiya Nagrik Suraksha Sanhita (BNSS), 2023, as the petitioners have been allegedly implicated in a criminal case registered under Section(s) 303(2)/3(5) of BNS 2023, under Section 4/54 of Jharkhand Minor Minerals Concession Rule 2004 and under Section 7/9 of Jharkhand Minerals (Prevention of illegal Mining Transportation and Storage) Rule, 2017. Heard learned counsel for the parties at length and gone through the documents, annexed along with these applications. Opportunity was given to the State to oppose the bail, which the State availed and opposed. There is allegation that the petitioners were involved in illegal mining of sand. Counsel for the petitioners submits that if there is allegation of illegal excavation and transportation of sand, at least some material or vehicle i.e. Hywa which was used in transportation, as narrated in the prosecution report, should have been seized or found at the place of occurrence, but neither the vehicle nor the sand was seized. Learned A.P.P submits that the Mining Inspector and other police officials raided the place of occurrence and arrested some persons and took them to police station. When they returned to seize the vehicle they did not found any vehicle there. He further submits that the petitioner (in ABA No. 2357 of 2025) has three criminal antecedent, which are pending. The petitioner may have three criminal cases, which are pending, but the facts remains that what are the materials against them to implicate. Admittedly, the allegation from the report is that the petitioners were indulged in illegal excavation and transportation of sand by using JCB Machine. It is alleged that the petitioners and others fled from the place of occurrence. If that be so, the JCB Machine, Hywa or sands should have been seized. It is admitted from the submission of the learned A.P.P that no vehicle or sand was seized, which, prima facie, creates a doubt in the mind of the Court about the occurrence itself. In view of the aforesaid facts, I am inclined to allow these anticipatory bail applications. Accordingly, the petitioners, above named, are directed to surrender before the court below within four weeks from today and in the event of their surrender/arrest, the court below is directed to enlarge them on bail on furnishing bail bonds of Rs.10,000/-(rupees ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Addl. CJM, Gumla in connection with Basia P.S. Case No. 17/2025, subject to condition that one of the bailers should be close relative of the petitioners and other should be a resident of State of Jharkhand, having sufficient landed property in his/her name or in the name of his/her ancestors in which he/she is having share and to that effect, he/she has to file an affidavit before the Trial Court indicating his/her share in the property. Anu/-C.P.-3 (ANANDA SEN, J.)