2025:JHHC:26489 --1-- A.B.A. No. 5000 of 2025 IN THE HIGH COURT OF JHARKHAND, RANCHI A.B.A. No. 5000 of 2025 ---- Md. Jilani, aged about 56 years, S/o Late Rahmat Ali, R/o – Mirzachouki Tetaria, PO and PS – Mirzachouki, District – Sahibganj, Jharkhand .... Petitioner -- Versus -- The State of Jharkhand .... Opposite Party ---- CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI --- For the Petitioner :- Mr. Aman Shekhar, Advocate : Mr. Sudhanshu Shekhar Choudhary, Advocate For the State :- Mr. Sunil Kr. Dubey, Advocate ---- 02/01.09.2025 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 offences registered under Sections 379/175 of Indian Penal Code, Section 21(A), 21(6), 22 of Mines and Minerals (Development & Regulation) Act, 1957, Rule 4/54 of Jharkhand Minor Mineral Concession Rules, 2004 and under Rule 07/09 of Jharkhand Minerals (Prevention of Illegal Mining Transportation and Storage) Rule, 2017 pending in the Court of learned Sub-Divisional Judicial Magistrate, Sahibganj. 3. Learned counsel appearing for the petitioner submits that the petitioner is the driver of the Hywa in question. He submits that the vehicle was in the standing position and the false allegations are made of loading of stone. He submits that the petitioner has got no criminal antecedent as disclosed in paragraph No.9 of the petition. He submits that in identical situation one co-accused has been granted anticipatory 2025:JHHC:26489 --2-- A.B.A. No. 5000 of 2025 bail in ABA No.4717 of 2025. To buttress this argument, he refers to seizure list which suggests that nothing has been recovered from the vehicles. 4. Learned counsel appearing for the State opposes the prayer and submits that planning was being made for loading of stone. 5. Considering that the allegations are made that the vehicle was parked for loading of the stone, however, nothing was loaded on the vehicle and the petitioner is said to be the driver and the petitioner has got no criminal antecedent as disclosed in paragraph No.9 of the petition and in identical situation one co-accused has been granted anticipatory bail in ABA No.4717 of 2025, 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 Sub-Divisional Judicial Magistrate, 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.) Sangam/