2025:JHHC:25296 --1-- A.B.A. No. 4761 of 2025 IN THE HIGH COURT OF JHARKHAND, RANCHI A.B.A. No. 4761 of 2025 ---- Mohan Saw, aged 41 years, son of Lalo Saw, resident of village – Teliyadih, PO – Khadhaiya, PS – Tandwa, District – Chatra .... Petitioner -- Versus -- The State of Jharkhand .... Opposite Party ---- CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI --- For the Petitioner :- Mr. Anupam Anand, Advocate :- Mr. Pranav Kumar, Advocate For the State :- Mr. Rajesh Kumar, Advocate ---- 04/26.08.2025 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 Simariya P.S. Case No.88 of 2025, for the alleged offences registered under Sections 317(5) and 3(5) of Bharatiya Nyaya Sanhita, 2023, Section 21 of Mines and Minerals (Development & Regulation) Act, 1957, Rule 54 of Jharkhand Minor Mineral Concession Rules, 2004 and under Rule 7/13 of Jharkhand Minerals (Prevention of Illegal Mining Transportation and Storage) Rule, 2017 pending in the Court of learned Additional Chief Judicial Magistrate, Chatra. 3. Learned counsel appearing for the petitioner submits that the FIR has been registered against six tractors for loading of 100 cft. of sand in the tractor. He further submits that the petitioner is 2025:JHHC:25296 --2-- A.B.A. No. 4761 of 2025 the owner-cum-driver of the tractor and four of the owner-cum- driver of the tractor have been granted anticipatory bail in ABA No.4426 of 2025. He submits that the petitioner has got no criminal antecedent as disclosed in paragraph No.19 of the petition. 4. Learned counsel appearing for the State opposes the prayer and submits that illegally the sand has been loaded. 5. Considering that in identical situation the other four drivers- cum-owners have been granted anticipatory bail in ABA No.4426 of 2025 and the petitioner has got no criminal antecedent as disclosed in paragraph No.19 of the petition, I am inclined to provide anticipatory bail to the petitioner. 6. Accordingly, the petitioner, above named, is hereby directed to surrender before the learned Court within three weeks from today, and in the event of his surrender/arrest, the petitioner, above named, shall be released on bail, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand), with two sureties of the like amount each, to the satisfaction of learned Additional Chief Judicial Magistrate, Chatra in connection with Simariya P.S. Case No.88 of 2025, subject to the conditions as laid down under Section 482(2) of Bharatiya Nagarik Suraksha Sanhita, 2023. (Sanjay Kumar Dwivedi, J.) Sangam/