Extracted from the PDF above. The PDF is authoritative.
2025:JHHC:27466
--1-- A.B.A. No. 5214 of 2025
IN THE HIGH COURT OF JHARKHAND, RANCHI
A.B.A. No. 5214 of 2025
---- Karampal Oraon, aged about 31 years, S/o Koyo Oraon, R/o village – Larango Barri, PO and PS – Puso, District – Gumla, Jharkhand
.... Petitioner -- Versus --
The State of Jharkhand
.... Opposite Party
----
CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI
---
For the Petitioner :- Mr. Kripa Shankar Nanda, Advocate
For the State
:- Mr. Subodh Kr. Dubey, Advocate
---- 02/10.09.2025 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 Puso P.S. Case No.28 of 2024 for the alleged offences registered under Section 303(2) and 317(2) of Bharatiya Nyaya Sanhita, 2023 Rule 54 of Jharkhand Minor Mineral Concession Rules, 2004, under Rule 7/9 of Jharkhand Minerals (Prevention of Illegal Mining Transportation and Storage) Rule, 2017 and Section 21 of Mines and Minerals (Development & Regulation) Act, 1957, pending in the Court of learned Judicial Magistrate, 1st Class, Gumla.
3.
Learned counsel appearing for the petitioner submits that false allegations are made of storing of sand in the particular land and even the land is not belonging to the petitioner. He further submits that the petitioner has received the notice under Section 35(3) of Bharatiya Nagarik Suraksha Sanhita, 2023. He then
2025:JHHC:27466
--2-- A.B.A. No. 5214 of 2025
submits that the petitioner has got no criminal antecedent as disclosed in paragraph No.09 of the petition. He submits that the co-accused has been directed to surrender before the learned Court in ABA No.4145 of 2025 and in view of that the same order may kindly be passed.
4.
Learned counsel appearing for the State opposes the prayer and submits that from the impugned order it appears that in spite of notice the petitioner has not appeared.
5. In view of the above and considering that the petitioner has got no criminal antecedent as disclosed in paragraph No.09 of the petition and 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/