2025:JHHC:25746 --1-- A.B.A. No. 4878 of 2025 IN THE HIGH COURT OF JHARKHAND, RANCHI A.B.A. No. 4878 of 2025 ---- Md. Islam Shekh @ Md. Islam Sheikh, aged 54 Yrs, S/o-Abdul Ajij, R/o-Bishanpur P.O. + P.S.-Barharwa, Dist. Sahibganj, State-Jharkhand. .... Petitioner -- Versus -- The State of Jharkhand .... Opposite Party ---- CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI --- For the Petitioner :- Ms. Saba Ali, Advocate For the State :- Mr. Shailesh Kr. Sinha, A.P.P. ---- 02/28.08.2025 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 Mirzachouki P.S. Case No. 85 of 2020, for the alleged offence registered under Sections 175 & 379 of IPC and Section 21(A), 21(6)/22 of Mines and Minerals Development Act, Rule 4/54 of Jharkhand Mines Minerals Concession (J.M.M.C) Rule 2004 & 7/9 Jharkhand Minerals (Prevention of illegal Mining) Transportation and Storage Rules 2017, pending in the Court of learned S.D.J.M, Sahibganj. 3. Learned counsel appearing for the petitioner submits that the petitioner is the owner of the hywa and the said hywa has been seized in the standing position and nothing has been loaded. She submits that the allegations are made that the said hywa was parked for loading of the stone chips and the petitioner has got no criminal 2025:JHHC:25746 --2-- A.B.A. No. 4878 of 2025 antecedent as disclosed in paragraph no. 16. She further submits that owner of another Poklane has been granted anticipatory bail in A.B.A. No. 389 of 2021. And another two co-accused have also been granted anticipatory bail in A.B.A. No. 439 of 2021. 4. Learned counsel appearing for the State opposes the prayer and submits that the allegations are there and the hywa was parked for loading of stone chips. 5. Considering the fact that three of the co-accused persons have been granted anticipatory bail in the aforesaid anticipatory bail applications, and the petitioner is the owner of the hywa and it has been pointed out that nothing has been loaded on the hywa, I am inclined to grant 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 her 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 Court of S.D.J.M, Sahibganj in connection with Mirzachouki P.S. Case No. 85 of 2020, subject to the conditions as laid down under Section 482(2) of Bharatiya Nagarik Suraksha Sanhita, 2023. (Sanjay Kumar Dwivedi, J.) Rashmi/