2025:JHHC:25282 --1-- A.B.A. No. 4759 of 2025 IN THE HIGH COURT OF JHARKHAND, RANCHI A.B.A. No. 4759 of 2025 ---- Ganesh Kumar Yadav @ Ganesh Kumar Yadaw, son of Satan Yadav, aged about 27 years, resident of village – Kharika, PO and PS – Tandwa, District - Chatra .... Petitioner -- Versus -- The State of Jharkhand .... Opposite Party ---- CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI --- For the Petitioner :- Mr. Prashant Kr. Rahul, Advocate For the State :- Mr. Rakesh Kr. Sinha, Advocate ---- 02/26.08.2025 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 Balumath P.S. Case No.75 of 2025, for the alleged offences registered under Sections 303(2) and 317(5) of Bharatiya Nyaya Sanhita, 2023, Section 21 of Mines and Minerals (Development & Regulation) Act, 1957, Rule 13 of Jharkhand Minerals (Prevention of Illegal Mining Transportation and Storage) Rule, 2017 pending in the Court of learned Chief Judicial Magistrate, Latehar. 3. Learned counsel appearing for the petitioner submits that the petitioner is the driver of the hywa in question and the allegations are made that 32 tons of coal was loaded in the said hywa. He submits that the petitioner has got no criminal antecedent as disclosed in paragraph No.17 of the petition. He further submits that the owner has already been granted anticipatory bail in A.B.A. 2025:JHHC:25282 --2-- A.B.A. No. 4759 of 2025 No.4574 of 2025. He submits that the petitioner was not present on the spot and on the standing position the hywa has been seized. 4. Learned counsel appearing for the State opposes the prayer and submits that illegally 32 tons of coal was loaded. 5. Considering that owner has already been granted anticipatory bail in A.B.A. No.4574 of 2025 and the petitioner is the driver and it was pointed out that in standing position the hywa in question has been seized and the petitioner has got no criminal antecedent as disclosed in paragraph No.17 of the petition, 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 Chief Judicial Magistrate, Latehar in connection with Balumath P.S. Case No.75 of 2025, subject to the conditions as laid down under Section 482(2) of Bharatiya Nagarik Suraksha Sanhita, 2023. (Sanjay Kumar Dwivedi, J.) Sangam/