[2025:JHHC:23531] -1- IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 4401 of 2025 Md. Mustak Malik aged about 45 Years S/O Yunus Malik R/O Village -Singa Sarai P.O. & P.S.- Bero District- Ranchi (Jharkhand). ..... … Petitioner Versus The State of Jharkhand ..... … Opposite Party -------- CORAM : HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI ------ For the Petitioner : Mr. K.S. Nanda, Advocate. For the State : Mrs. Kumari Rashmi, A.P.P. ------ 03/ 13.08.2025 Heard learned counsel appearing for the petitioner and learned A.P.P. for the State. 2. The petitioner is apprehending his arrest in connection with Bharno P.S. Case No. 18 of 2025, registered for the alleged offence under Sections 303(2), 317(2) and 3(5) of Bharatiya Nyaya Sanhita, 2023, Section 21 of the Mines and Minerals (Development and Regulation) Act, 1957, Rule-54 of Jharkhand Minor Mineral Concession Rules, 2004, Rule 13 of the Jharkhand Minerals (Prevention of Illegal Mining Transportation and Storage) Rules, 2017 , pending in the Court of learned Judicial Magistrate, 1st Class, Gumla. 3. Learned counsel appearing for the petitioner submits that the petitioner is the owner-cum-driver of the tractor in question and it has been alleged that 50 CFT sand was being loaded on the said tractor. He submits that the petitioner is having no criminal antecedent and disclosure to that effect has been made in para-10 of the petition and further he earns his livelihood by way of driving the said tractor. 4. Learned A.P.P. appearing for the State has opposed the prayer and submits that the allegation of transporting 50 CFT sand was there against the petitioner. 5. Considering that the petitioner is the owner-cum-driver of [2025:JHHC:23531] -2- the tractor in question and he is having no criminal antecedent and disclosure to that effect has been made in para-10 of the petition and further he earns his livelihood by way driving the said tractor, I am inclined to grant anticipatory bail to the petitioner. 6. Accordingly, the petitioner, named above, is directed to surrender before the learned court within three weeks from today and in the event of his surrender / arrest, the petitioner, named above, shall be released on bail, on furnishing bail bonds of Rs. 25,000/- (twenty-five thousand), with two sureties of the like amount each, to the satisfaction of learned Judicial Magistrate, 1st Class, Gumla, in connection with Bharno P.S. Case No. 18 of 2025, subject to conditions as laid down under Section 482(2) of the Bharatiya Nyaya Sanhita, 2023. (Sanjay Kumar Dwivedi, J.) Amitesh/-