[2025:JHHC:25576 ] -1- IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 4848 of 2025 Manoj Yadav, S/o Jaynath Yadav, Aged about 39 years, R/o Village Barkangango, P.O. Barkangango, P.S. Barkatha, District Hazaribagh. ..... … Petitioner Versus The State of Jharkhand ..... … Opposite Party -------- CORAM : HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI ------ For the Petitioner : Mr. Pradeep Kumar, Advocate. For the State : Mr. P.K. Chatterejee, A.P.P. ------ 04/ 27.08.2025 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 Barkatha P.S. Case No. 72 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 13 of the Jharkhand Minerals (Prevention of Illegal Mining Transportation and Storage) Rules, 2017 and Rule-54 of Jharkhand Minor Mineral Concession Rules, 2004, pending in the Court of learned Judicial Magistrate, 1st Class, Hazaribagh. 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 on the said tractor, 100 CFT sand was carried. He fairly submits that petitioner is having one criminal antecedent. 4. Learned A.P.P appearing for the State has opposed the prayer and submits that the petitioner himself has admitted that he is having one criminal antecedent and further illegal sand was being transported on the tractor in question. 5. It transpires that the petitioner has already been served the notice under Section 35(3) of Bharatiya Nagarik Suraksha Sanhita, 2023 and the petitioner is owner-cum-driver of the tractor in question and also considering the judgment of Hon’ble Supreme Court in the [2025:JHHC:25576 ] -2- case of Satender Kumar Antil Versus Central Bureau of Investigation & Anr., reported in (2022) 10 SCC 51, the petitioner, above named, is directed to surrender before the learned Court within two weeks from today and the learned Court shall release the petitioner on the appropriate terms and conditions or on sureties as may deem fit and proper by the learned Court. (Sanjay Kumar Dwivedi, J.) Amitesh/-