2025:JHHC:22902 --1-- A.B.A. No. 4208 of 2025 IN THE HIGH COURT OF JHARKHAND, RANCHI A.B.A. No. 4208 of 2025 ---- Md. Irfan, aged about 56 years, S/o Kasim Uddin, R/o Village – Azad Basti, PO and PS – Gumla, District – Gumla, Jharkhand .... Petitioner -- Versus -- The State of Jharkhand .... Opposite Party ---- CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI --- For the Petitioner :- Mr. Kripa Shankar Nanda, Advocate For the State :- Mr. Shailesh Kr. Sinha, Advocate ---- 02/11.08.2025 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 Gumla P.S. Case No.262 of 2024, for the alleged offences registered under Sections 303(2), 317(5) of Indian Penal Code, Section 21(6) of Mines and Minerals (Development & Regulation) Act, 1957, Rule 4/54 of Jharkhand Minor Mineral Concession Rules, 2004 and under Rule 7/9 of Jharkhand Minerals (Prevention of Illegal Mining Transportation and Storage) Rule, 2017 pending in the Court of learned Chief Judicial Magistrate, Gumla. 3. Learned counsel appearing for the petitioner submits that the petitioner happened to be the driver of the Tractor in question and the allegations are made that 100 cft sand was loaded in the said tractor. He submits that the petitioner has got no criminal 2025:JHHC:22902 --2-- A.B.A. No. 4208 of 2025 antecedent as disclosed in paragraph No.7 of the petition. He further submits that the petitioner has already received the notice under Section 35(3) of Bharatiya Nyaya Sanhita, 2023 and he has also complied the same. 4. Learned counsel appearing for the State opposes the prayer and submits that the allegations are there that illegally 100 cft of sand was loaded. 5. In view of the above and further considering that the petitioner has already complied the notice under Section 35(3) of Bharatiya Nyaya Sanhita, 2023, the petitioner is directed to surrender before the learned Court within two weeks and the learned Court will release the petitioner on the terms and conditions or the sureties as the learned Court may deem fit and proper. (Sanjay Kumar Dwivedi, J.) Sangam/