2025:JHHC:27122 --1-- A.B.A. No. 5123 of 2025 IN THE HIGH COURT OF JHARKHAND, RANCHI A.B.A. No. 5123 of 2025 ---- 1. Dinesh Prasad Gupta, aged about 33 years, son of Sri Ramchandra Sah 2. Jaykant Vishwakarma, aged about 38 years, son of Late Ramavtar Vishwakarma Both are resident of village – Sigsigi, PO – Sigsigi, PS- Rehla, District – Palamau .... Petitioners -- Versus -- The State of Jharkhand .... Opposite Party ---- CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI --- For the Petitioners :- Mr. Manoj Kr. No.2, Advocate For the State :- Mr. Pankaj Kr. Mishra, Advocate ---- 02/08.09.2025 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 Rehla P.S. Case No.62 of 2025, for the alleged offences registered under Sections 317(5) of Bharatiya Nyaya Sanhita, 2023, Sections 4 and 21 of Mines and Minerals (Development and Regulation) Act, 1957, Rule 9 and 13 of Jharkhand Minerals (Prevention of Illegal Mining Transportation and Storage) Rule, 2017 pending in the Court of learned Chief Judicial Magistrate, Palamau at Daltonganj. 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 Tractor in question and the said tractor was engaged in 2025:JHHC:27122 --2-- A.B.A. No. 5123 of 2025 construction of NH 39. He submits that the stone chips were being carried on the valid challan which is the part of the FIR itself. He submits that the petitioners have got no criminal antecedent as disclosed in paragraph No.12 of the petition. 4. Learned counsel appearing for the State opposes the prayer and submits that illegally stone chips were being carried. 5. Considering that petitioner No.1 is the owner and petitioner No.2 is the driver of the Tractor in question and the petitioners have got no criminal antecedent as disclosed in paragraph No.12 of the petition and in identical situation one co-accused has been granted anticipatory bail in ABA No.5097 of 2025, I am inclined to provide anticipatory bail to the petitioners. 6. Accordingly, the petitioners, above named, are hereby directed to surrender before the learned Court within three weeks from today, and in the event of their surrender/arrest, the petitioners, above named, shall be released on bail, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each, with two sureties of the like amount each, to the satisfaction of learned Chief Judicial Magistrate, Palamau at Daltonganj in connection with Rehla P.S. Case No.62 of 2025, subject to the conditions as laid down under Section 482(2) of Bharatiya Nagarik Suraksha Sanhita, 2023. (Sanjay Kumar Dwivedi, J.) Sangam/