2025:JHHC:27567 --1-- A.B.A. No. 5221 of 2025 IN THE HIGH COURT OF JHARKHAND, RANCHI A.B.A. No. 5221 of 2025 ---- Manpuran Mahatha, aged about 52 years, S/o Ishwaramani Mahatha, R/o village and PO – Pundru, PS – Pindrajora, District – Bokaro, Jharkhand .... Petitioner -- Versus -- The State of Jharkhand .... Opposite Party ---- CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI --- For the Petitioner :- Mr. Mukesh Kumar, Advocate :- Mr. Kumar Baibhav, Advocate For the State :- Mr. Someshwar Roy, Advocate ---- 04/10.09.2025 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 Pindrajora P.S. Case No.141 of 2025 for the alleged offences registered under Sections 317(5) and 3(5) of Bharatiya Nyaya Sanhita, 2023, Section 21 of Mines and Minerals (Development & Regulation) Act, 1957, Rule 54 of Jharkhand Minor Mineral Concession Rules, 2004 and under Rule 13 of Jharkhand Minerals (Prevention of Illegal Mining Transportation and Storage) Rule, 2017, pending in the Court of learned Judicial Magistrate, 1st Class, Bokaro. 3. Learned counsel appearing for the petitioner submits that the petitioner is the owner of the tractor in question and the allegations are made that 100 cft. sand was loaded in the said 2025:JHHC:27567 --2-- A.B.A. No. 5221 of 2025 tractor. He submits that the petitioner has got no criminal antecedent as disclosed in paragraph No.18 of the petition. He further submits that the petitioner has received the notice under Section 35(3) of Bharatiya Nagarik Suraksha Sanhita, 2023 and he has also appeared before the Investigating Officer. 4. Learned counsel appearing for the State opposes the prayer and submits that illegally the sand was being carried. 5. In view of the above and considering that the petitioner has received the notice under Section 35(3) of Bharatiya Nagarik Suraksha Sanhita, 2023 and in that view of the matter, the petitioner is directed to surrender before the learned Court within two weeks and the learned Court shall release the petitioner on such terms and conditions or the sureties as the learned Court may deem fit and proper. (Sanjay Kumar Dwivedi, J.) Sangam/