[2025:JHHC:27312] -1- IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 5167 of 2025 Shankar Sahu @ Shankar Saw, aged about 47 years, son of Ramsahay Saw, resident of Village- Serandag, P.O. Kasiyadih, P.S.-Tandwa, District- Chatra, State-Jharkhand. ..... … Petitioner Versus The State of Jharkhand ..... … Opposite Party -------- CORAM : HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI ------ For the Petitioner : Mr. Rajarshi Sarkar, Advocate. For the State : Mr. Sanat Kumar Jha, A.P.P. ------ 06/ 09.09.2025 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 Tandwa P.S. Case No. 104 of 2025, registered for the alleged offence under Sections 317(5) and 3(5) of the 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 and Rule 13 of the Jharkhand Minerals (Prevention of Illegal Mining Transportation and Storage) Rules, 2017 and, pending in the Court of learned Judicial Magistrate, 1st Class, Chatra. 3. Learned counsel appearing for the petitioner submits that the petitioner is the driver of the one of the tractor and it has been alleged that on the said tractor, 100 CFT sand was carried. He submits that the petitioner is having no criminal antecedent and disclosure to that effect has been made in para-15 of the petition. He further submits that in the similar circumstance, the other co-accused persons have already been provided the privilege of anticipatory bail in A.B.A. Nos. 4118, 4884 and 4888 of 2025. 4. Learned A.P.P appearing for the State has opposed the prayer and submits that illegally the sand was carried on the tractor in question. [2025:JHHC:27312] -2- 5. Considering that the petitioner is having no criminal antecedent and disclosure to that effect has been made in para-15 of the petition and in the similar circumstance, the other co-accused persons have already been provided the privilege of anticipatory bail in the aforementioned A.B.As., I am inclined to provide the privilege of anticipatory bail to the petitioner. 6. Accordingly, the petitioner, named above, 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) each, with two sureties of the like amount each, to the satisfaction of learned Judicial Magistrate, 1st Class, Chatra, in connection with Tandwa P.S. Case No. 104 of 2025, subject to the conditions as laid down under section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. (Sanjay Kumar Dwivedi, J.) Amitesh/-