[2025:JHHC:27481] -1- IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 5226 of 2025 1. Md. Dastagir Khan @ Dastagir Khan @ Md. Dastgir Khan, aged about 41 years, son of Md. Hashim Khan, Resident of House No. 87, Near Alfa Medical, Shamsher Nagar, Bishunpur, P.O. and P.S.- B. Polytechnic, District-Dhanbad. 2. Sekh Akabar, aged about 40 years, son of Md. Ismail, Resident of Near Masjid, Pandarpala, P.O. and P.S. B. Polytechnic, District P.S. Dhanbad. ..... … Petitioners Versus The State of Jharkhand. ..... … Opposite Party -------- CORAM : HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI ------ For the Petitioners : Mr. Rohan Mazumdar, Advocate. For the State : Mrs. Ruby Pandey, A.P.P. ------ 03/ 10.09.2025 Heard learned counsel for the petitioners and learned A.P.P. for the State. 2. The petitioners are apprehending their arrest in connection with Barkatha P.S. Case No. 32 of 2025, registered for the offences under Sections 317(5) and 3(5) of Bharatiya Nyaya Sanhita, 2023, Section 30(ii) of Coal Mines Act and Section 33 of the Indian Forest Act, pending in the court of learned Judicial Magistrate, 1st Class, Hazaribagh. 3. Learned counsel appearing for the petitioners submits that the petitioners are the owner-cum-driver of two different hywas and allegations are made that illegal coal has been loaded. He submits that in the seizure list, the quantity of the coal has not been disclosed and further no independent witness has put his signature on the seizure list and only the police officials are the witness to the said seizure. 4. Learned A.P.P. for the State has opposed the prayer and [2025:JHHC:27481] -2- submit that the allegations are there of loading of coal on the vehicles in question. 5. Considering that petitioners are the owner-cum-driver of two different hywas and in the seizure list, the quantity of the coal has not been disclosed and even in the seizure list, no independent witness has put his signature and only the police officials have witnessed the same, I am inclined to grant anticipatory bail to the petitioners. 7. Accordingly, the petitioners, named above, are directed to surrender before the learned court within three weeks from today and in the event of their surrender / arrest, the petitioners, named above, shall be released on bail, on furnishing bail bonds of Rs. 25,000/- (twenty-five thousand) each, with two sureties of the like amount each, to the satisfaction of learned Judicial Magistrate, 1st Class, Hazaribagh, in connection with Barkatha P.S. Case No. 32 of 2025, subject to conditions as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. (Sanjay Kumar Dwivedi, J.) Amitesh/-