2025:JHHC:25291 1 A.B.A. No. 4753 of 2025 IN THE HIGH COURT OF JHARKHAND, RANCHI ----- A.B.A. No. 4753 of 2025 ---- 1.Birendra Yadav aged about 37 years son of Janki Yadav Resident of Ward No.6 Village Rupaydih PO Makatpur PS Jainagar District Koderma Jharkhand Pin 825318 2.Kailash Yadav, aged about 25 years son of Mahabir Yadav resident of Ward No.1 Village Badki Lendhia, PO Naintand PS Jainagar District Koderma Jharkhand Pin 825109 .... Petitioners -- Versus -- The State of Jharkhand .... Opposite Party ---- CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI --- For the Petitioner :- Mr. Shreenu Garapati, Advocate Mr. Suddhanshu Kr.Singh, Advocate For the State :- Mr. Pankaj Kumar, Public Prosecutor ---- 2/26.08.2025 Heard learned counsels for petitioners and for State. 2. The petitioners are apprehending their arrest in connection with Mirzachowki P.S. Case No.24 of 2025, for offence registered under section 303(2)/288 of BNS, 2023 and Rule 4/54 of Jharkhand Minor Mineral Concession Rules, 2004 and Rules 7/9/13 of Jharkhand Minerals (Prevention of Illegal Mining, Transportation and Storage) Rules, 2017, pending in court of learned Sub Divisional Judicial Magistrate, Sahibganj. 3. Learned counsel for petitioners submits that petitioner no.1 is owner and portioner no.2 is driver of Poklane Tata Hitachi Model. He submits that it was standing and no work was being carried and false allegation has been made of taking minor work by the said Poklane Tata Hitachi Model and the petitioners have got no criminal antecedent as disclosed in paragraph no.9 of the petition. 4. Learned State counsel opposes prayer and submits that the allegations are there of using the said Poklane Tata Hitachi Model machine 2025:JHHC:25291 2 A.B.A. No. 4753 of 2025 for doing illegal mining. 5. Considering that the petitioners are the owner and driver respectively and it has come in paragraph no.9 of the petition that the petitioners have got no criminal antecedent and even the petitioners are not named in the FIR, however, the said vehicle has been seized, I am inclined to grant anticipatory bail to petitioners. 6. Accordingly, petitioners, above named, are hereby directed to surrender before learned court within three weeks from today, and in event of their surrender/arrest, petitioners, above named, shall be released on bail, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand), with two sureties of like amount each, to satisfaction of learned Sub Divisional Judicial Magistrate, Sahibganj, in connection with Mirzachowki P.S. Case No.24 of 2025, subject to the conditions as laid down under section 482(2) of Bhartiya Nagrik Suraksha Sanhita (BNSS), 2023. ( Sanjay Kumar Dwivedi, J.) SI/