2025:JHHC:26505 --1-- A.B.A. No. 5001 of 2025 IN THE HIGH COURT OF JHARKHAND, RANCHI A.B.A. No. 5001 of 2025 ---- Rohit Kumar Modak, aged about 35 years, S/o Jadu Modak, R/o Sabalpur, PO and PS – Govindpur, District – Dhanbad .... Petitioner -- Versus -- The State of Jharkhand .... Opposite Party ---- CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI --- For the Petitioner :- Mr. Abhijeet Kr. Singh, Advocate For the State :- Mr. Achinto Sen, 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 Saraidhela P.S. Case No.114 of 2025 for the alleged offences registered under Sections 317(4) and 3(5) of Bharatiya Nyaya Sanhita, Section 21 of Mines and Minerals (Development & Regulation) Act, 1957 and under Rule 7 of Jharkhand Minerals (Prevention of Illegal Mining Transportation and Storage) Rule, 2017, pending in the Court of learned CJM, Dhanbad. 3. Learned counsel appearing for the petitioner submits that the sand was unloaded which was purchased and the petitioner was also having the valid challan annexed as Annexure-2 series. He submits that the false allegations are made of storing of 3000 cft. of sand. He submits that the petitioner is having two criminal antecedents. 2025:JHHC:26505 --2-- A.B.A. No. 5001 of 2025 4. Learned counsel appearing for the State opposes the prayer and submits that allegations are there of storing 3000 cft. of sand. 5. Annexure-2 prima facie suggests that these are the transport challan for the sand and from the impugned order it transpires that the petitioner has complied the notice under Section 35(3) of Bharatiya Nagarik Suraksha Sanhita 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/