Extracted from the PDF above. The PDF is authoritative.
[2025:JHHC:23064] -1-
IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No. 4230 of 2025
Deepak Kumar, aged about 35 years Son of Kauleshwar Mahta, resident of Ward No. 09, Vill- Navatand, P.O. Nayatand and P.S.-Hazaribagh, District-Hazaribagh.
..... … Petitioner
Versus The State of Jharkhand
..... … Opposite Party
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CORAM : HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI
------ For the Petitioner : Mr. Rajesh Kumar Singh, Advocate.
For the State
: Mr. Bishwambhar Shastri, A.P.P.
------
05/ 11.08.2025 Heard learned counsel for the petitioner and learned A.P.P. appearing for the State.
2.
The petitioner is apprehending his arrest in connection with Katkamdag P.S. Case No. 81 of 2025, registered for the offences under Section 317(2) of the Bharatiya Nyaya Sanhita, 2023, Section 4/21 of the Mines and Minerals (Development and Regulation) Act, 1957, Rule-54 of Jharkhand Minor Mineral Concession Rules, 2004, Rule 7/9/13 of the Jharkhand Minerals (Prevention of Illegal Mining Transportation and Storage) Rules, 2017, pending in the court of learned Judicial Magistrate, 1st Class, Hazaribagh.
3.
Learned counsel appearing for the petitioner submits that the petitioner is the owner of the hywa vehicle and allegations are there of carrying 500 CFT of illegal sand upon the said vehicle. He submits that the petitioner has received the notice under Section 35(3) of Bharatiya Nagarik Suraksha Sanhita, 2023 the petitioner has already replied and he is ready to appear before the Investigating Officer.
4.
Learned A.P.P appearing for the State submits that if the notice is there the petitioner is required to comply the same.
5.
In view of the above and considering the judgment of Hon’ble Supreme Court in the case of Satender Kumar Antil Versus
[2025:JHHC:23064] -2-
Central Bureau of Investigation & Anr., reported in (2022) 10 SCC 51, the petitioner is directed to surrender before the learned Court within two weeks from today and the learned Court will release the petitioner on the appropriate terms and conditions or on sureties as may deem fit and proper by the learned Court.
(Sanjay Kumar Dwivedi, J.) Amitesh/-