2025:JHHC:37303 --1-- A.B.A. No. 7049 of 2025 IN THE HIGH COURT OF JHARKHAND, RANCHI A.B.A. No. 7049 of 2025 ---- Basant Mahto, S/o Gandru Mahto, aged 40 years, R/o village – Murgi, PO – Murupiri, PS – Burmu, District – Ranchi, Jharkhand .... Petitioner -- Versus -- The State of Jharkhand .... Opposite Party ---- CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI --- For the Petitioner :- Ms. Komal Narayan, Advocate :- Ms. Supriya Dayal, Advocate For the State :- Mr. Naveen Kr. Ganjhu, Advocate ---- 02/11.12.2025 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 Khalari P.S. Case No.45 of 2025, for the alleged offences registered under Sections 303(2), 317(2) and 3(5) of Bharatiya Nyaya Sanhita, 2023, Section 4/21 of Mines and Minerals (Development & Regulation) Act, 1957, Rule 54 of Jharkhand Minor Mineral Concession Rules, 2004 and Rule 7/11 of Jharkhand Minerals (Prevention of Illegal Mining Transportation and Storage) Rule, 2017 pending in the Court of learned J.M., Ranchi. 3. Learned counsel appearing for the petitioner submits that the petitioner happened to be driver-cum-owner of the tractor in question and the allegation is made that the sand was loaded. She further submits that even the quantity of sand is not disclosed. She then submits that the petitioner has got no criminal antecedent as disclosed in paragraph No.25 of the petition. She next submits that owner of another tractor has been 2025:JHHC:37303 --2-- A.B.A. No. 7049 of 2025 granted anticipatory bail in ABA No.5832 of 2025. 4. Learned counsel appearing for the State opposes the prayer and submits that illegally the sand was being loaded. 5. Considering that the petitioner is the driver-cum-owner of the tractor and the petitioner has got no criminal antecedent as disclosed in paragraph No.25 of the petition and one of the owner of another tractor has been granted anticipatory bail in the aforesaid ABA and in the course of argument it has been pointed out that the petitioner earns his livelihood by way of driving the said tractor, I am inclined to provide anticipatory bail to the petitioner. 6. Accordingly, the petitioner, above named, is hereby directed to surrender before the learned Court within three weeks from today, and in the event of his surrender/arrest, the petitioner, above named, shall be released on bail, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand), with two sureties of the like amount each, to the satisfaction of learned J.M., Ranchi in connection with Khalari P.S. Case No.45 of 2025, subject to the conditions as laid down under Section 482(2) of Bharatiya Nagarik Suraksha Sanhita, 2023. (Sanjay Kumar Dwivedi, J.) Dated 11.12.2025 Sangam/