2025:JHHC:31615 --1-- A.B.A. No. 5969 of 2025 IN THE HIGH COURT OF JHARKHAND, RANCHI A.B.A. No. 5969 of 2025 ---- Sundar Yadav @ Shyam Sundar Yadav, aged about 34 years, S/o Bilakshan Yadav, R/o Fularitand, PO and PS – Madhuban, District - Dhanbad .... Petitioner -- Versus -- The State of Jharkhand .... Opposite Party ---- CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI --- For the Petitioner :- Mr. Abhijeet Kr. Singh, Advocate For the State :- Mr. Rajesh Kumar, Advocate ---- 02/13.10.2025 Heard learned counsel appearing for the petitioner as well as the learned counsel appearing for the State. 2. The petitioners are apprehending their arrest in connection with Madhuban P.S. Case No. 08/2025, registered under Sections 303(2), 317(5), 3(5) of BNS, 2023, and Sections 4, 21 of Mines and Minerals (Development & Regulation) Act, 1957, under Rule 4, 54 of Jharkhand Minor Minerals Concession Rule, 2004, Rule 7, 9 and 13 of Jharkhand Minerals (Prevention of illegal Mining Transportation and Storage) Rules, 2017 pending in the Court of learned Judicial Magistrate, Ist Class, Dhanbad. 3. Learned counsel for the petitioners submits that allegations are made that on the three tractors coal have been loaded. He further submits that the name of the petitioners has been taken by a person whose name is not disclosed in the F.I.R. He also submits that petitioners have criminal antecedent and co-accused persons have been granted anticipatory bail in A.B.A. No. 2885 of 2025, A.B.A. No. 4537 of 2025, 2025:JHHC:31615 --2-- A.B.A. No. 5969 of 2025 A.B.A. No. 4741 of 2025 and ABA No.5891 of 2025. On these grounds, he submits that the petitioners may kindly be provided privilege of anticipatory bail. 4. Learned counsel for the State opposes the prayer and submits that name of the petitioners has been taken by a person and the petitioners have criminal antecedent. 5. In anticipatory bail and regular bail if criminal antecedent is there that is one of the consideration of granting anticipatory bail or regular bail however that cannot be only criteria of allowing and rejecting anticipatory bail and regular bail. 6. Considering that the name of the petitioners has been taken by a person whose name is not disclosed in the F.I.R and co-accused persons have been granted anticipatory bail in the aforesaid A.B.As. 7. In the attending facts and circumstances of the case, I am inclined to grant anticipatory bail to the petitioners. Accordingly, the above named, petitioners are directed to surrender before the learned court within three weeks from today and in the event of their surrender / arrest, the petitioners 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, Ist Class, Dhanbad, in connection with Madhuban P.S. Case No. 08/2025, subject to conditions as laid down under Section 482 (2) of B.N.S.S, 2023. (Sanjay Kumar Dwivedi, J.) Dated 13.10.2025 Sangam/