[2025:JHHC:23792] -1- IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 4439 of 2025 1. Nitesh Pathak aged about 31 Years S/O Ashok Pathak R/O Village- Behind Bus Dipu Gumla P.O. & P.S.- Gumla District- Gumla (Jharkhand). 2. Anup Kumar Tiwary @ Anup Tiwary aged about 26 Years S/O A Vinay Tiwary R/O Village Kharka, P.O. Kharka P.S.- Gumla District- Gumla (Jharkhand).. ..... … Petitioners Versus The State of Jharkhand ..... … Opposite Party -------- CORAM : HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI ------ For the Petitioners : Mr. K.S. Nanda, Advocate. For the State : Mr. Shree Prakash Jha, A.P.P. ------ 03/ 14.08.2025 Heard learned counsel for the petitioners and learned A.P.P. appearing for the State. 2. The petitioners are apprehending their arrest in connection with Gumla P.S. Case No. 194 of 2025, registered for the offences under Sections 303(2) and 317(5) of Bharatiya Nyaya Sanhita, 2023, Rule-4/54 of Jharkhand Minor Mineral Concession Rules, 2004, Rule 7/9 of the Jharkhand Minerals (Prevention of Illegal Mining Transportation and Storage) Rules, 2017, pending in the court of learned Chief Judicial Magistrate, Gumla. 3. Learned counsel appearing for the petitioners submits that the petitioners are the owner-cum driver and driver respectively of two tractors and it has been alleged that 100 CFT sand was being transported on each tractor. He submits that the petitioners are having no criminal antecedent and disclosure to that effect has been made in para-10 of the petition. 4. Learned A.P.P. appearing for the State has opposed the [2025:JHHC:23792] -2- prayer and submits that illegally the sand was being carried on the said tractors and even the notice under Section 35(3) of Bharatiya Nagarik Suraksha Sanhita, 2023 has been issued. 5. In view of the above and considering the judgment of Hon’ble Supreme Court in the case of Satender Kumar Antil Versus Central Bureau of Investigation & Anr., reported in (2022) 10 SCC 51, the petitioners are directed to surrender before the learned Court within two weeks from today and the learned Court shall release the petitioners on the appropriate terms and conditions or on sureties as may deem fit and proper by the learned Court. (Sanjay Kumar Dwivedi, J.) Amitesh/-