2025:JHHC:32525 --1-- A.B.A. No. 6189 of 2025 IN THE HIGH COURT OF JHARKHAND, RANCHI A.B.A. No. 6189 of 2025 ---- Santosh Kumar, aged about 45 years, S/o Kanhayi Prasad Poddar, resident of village – Panni Mill Road, Kazichak, Musaidpur, Mirzahat, PO and PS – Jagdishpur, District – Bhagalpur, Bihar .... Petitioner -- Versus -- The State of Jharkhand .... Opposite Party ---- CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI --- For the Petitioner :- Mr. S.P. Roy, Advocate For the State :- Mr. Naveen Kr. Ganjhu, Advocate ---- 02/29.10.2025 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 Mahagama P.S. Case No.124 of 2025, for the alleged offences registered under Sections 303(2), 317(5) and 281 of Bharatiya Nyaya Sanhita, 2023, Section 4/21 of Mines and Minerals (Development & Regulation) Act, 1957, Rule 9/13 of Jharkhand Minerals (Prevention of Illegal Mining Transportation and Storage) Rule, 2017 and Rule 4/54 of Jharkhand Minor Mineral Concession Rules, 2004 pending in the Court of learned Judicial Magistrate 1st Class, Godda. 3. Learned counsel appearing for the petitioner submits that the petitioner happened to be the owner of the truck in question and the allegations are made that 870 cft. of sand was being loaded in the said truck. He further submits that the petitioner is having one criminal antecedent and in that case the petitioner has been granted bail. He then submits that the petitioner was not knowing about the said crime as the 2025:JHHC:32525 --2-- A.B.A. No. 6189 of 2025 vehicle was in the hand of the driver and he used to give the details of the booking and the accounts fortnightly. He also submits that the direction made by the petitioner was not being complied by the driver. 4. Learned counsel appearing for the State opposes the prayer and submits that illegally the stone chips were being carried. He also submits that the petitioner is having one criminal antecedent. 5. Considering that the petitioner is the owner of the truck in question and he was not on the spot and the said vehicle was being driven by the driver and the petitioner is having one criminal antecedent, however, criminal antecedent cannot be sole criteria either allowing or rejecting the anticipatory bail or regular bail, 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 Judicial Magistrate 1st Class, Godda in connection with Mahagama P.S. Case No.124 of 2025, subject to the conditions as laid down under Section 482(2) of Bharatiya Nagarik Suraksha Sanhita, 2023. (Sanjay Kumar Dwivedi, J.) Dated 29.10.2025 Sangam/