Extracted from the PDF above. The PDF is authoritative.
2025:JHHC:25749
--1-- A.B.A. No. 4797 of 2025
IN THE HIGH COURT OF JHARKHAND, RANCHI
A.B.A. No. 4797 of 2025
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1. Yar Mohammad, aged about 35 years, S/o Sanaul Sk. R/o village – Narotampur, PO – Narotampur, PS – Pakur (Muffasil), District -Pakur, Jharkhand
2. Mahasan Marandi, age about 30 years, S/o Bodgam Marandi, R/o village – Raghunathpur, PO – Raghunathpur, PS – Hiranpur, District – Pakur, Jharkhand
.... Petitioners -- Versus --
The State of Jharkhand
.... Opposite Party
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CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI
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For the Petitioners :- Md. Yasir Arafat, Advocate
For the State
:- Mr. Sunil Kr. Dubey, Advocate
---- 02/27.08.2025 Heard learned counsel appearing for the petitioners as well as the learned counsel appearing for the State.
2. The petitioners are apprehending their arrest in connection with Hiranpur P.S. Case No.80 of 2025, for the alleged offences registered under Sections 303(2) and 317(2) of Bharatiya Nyaya Sanhita, 2023, Section 4, 21 of Mines and Minerals (Development & Regulation) Act, 1957, Rule 54 of Jharkhand Minor Mineral Concession Rules, 2004 and under Rule 7, 9 and 13 of Jharkhand Minerals (Prevention of Illegal Mining Transportation and Storage) Rule, 2017 pending in the Court of learned ACJM, Pakur
3.
Learned counsel appearing for the petitioners submits that the petitioner No.1 is the owner and petitioner No.2 is the driver of the Truck in question and the allegations are made that 600 cft. of
2025:JHHC:25749
--2-- A.B.A. No. 4797 of 2025
stone bolder were loaded in the said truck. He submits that the petitioners have got no criminal antecedent as disclosed in paragraph No.6 of the petition.
4.
Learned counsel appearing for the State opposes the prayer and submits that illegally the stone was being carried.
5. In view of the above and considering that the petitioners have got no criminal antecedent as disclosed in paragraph No.6 of the petition, the petitioners are directed to surrender before the learned Court within two weeks and the learned Court shall release the petitioners on such terms and conditions or the sureties as the learned Court may deem fit and proper.
(Sanjay Kumar Dwivedi, J.) Sangam/