2025:JHHC:23331 --1-- A.B.A. No. 4285 of 2025 IN THE HIGH COURT OF JHARKHAND, RANCHI A.B.A. No. 4285 of 2025 ---- Karu Barma, aged about 27 years, son of Balmiki Barma, resident of 9 Huchuktand 12 No. near Hanuman Mandir, Huchuktand, PO – Jeenagora, PS – Lodna O.P., District – Dhanbad, Jharkhand .... Petitioner -- Versus -- The State of Jharkhand .... Opposite Party ---- CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI --- For the Petitioner :- Mr. Ashna Khanam, Advocate For the State :- Ms. Kumari Rashmi, Advocate ---- 05/12.08.2025 Heard learned counsel appearing for the petitioner as well as the learned counsel appearing for the State. 2. The petitioner is apprehending his arrest in connection with Govindpur P.S. Case No.259 of 2023 for the alleged offences registered under Section 379 of Indian Penal Code, pending in the Court of learned Judicial Magistrate, 1st Class, Dhanbad. 3. Learned counsel appearing for the petitioner submits the petitioner is neither the owner nor the driver of the vehicle in question and the allegations are made that 18 tons of coal were loaded on the truck. He further submits that the allegation is made against the petitioner that he was using the stolen mobile of the driver. He further submits that the allegation is falsely made against the petitioner. 2025:JHHC:23331 --2-- A.B.A. No. 4285 of 2025 4. Learned counsel appearing for the State opposes the prayer and submits that the allegation is there of using the stolen mobile phone of the driver. 5. Considering that the petitioner is neither the owner nor the driver of the vehicle in question and the allegations are made that 18 tons of coal were loaded on the truck and the petitioner has already received the notice under Section 41A of Cr.P.C. and in that view of the matter the petitioner is directed to surrender before the learned Court within two weeks and the learned Court shall release the petitioner on such terms and conditions or the sureties as the learned Court may deem fit and proper. (Sanjay Kumar Dwivedi, J.) Sangam/