( 2025:JHHC:31926 ) -1- A.B.A. No. 6056 of 2025 IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 6056 of 2025 Sanjeev Kumar Mahato @ Sanjeev Kumar Mahto, aged about 45 years, S/o Govind Mahto, R/o Vill.- Choufand, P.O. Baidhmara, P.S. Harla, District- Bokaro … Petitioner -Versus- The State of Jharkhand … Opposite Party ----- CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI ----- For the Petitioner : Mr. Mukesh Kumar, Advocate For the State : Mr. Sanat Kumar Jha, A.P.P. ----- 03/15.10.2025 Heard learned counsel appearing for the petitioner and learned counsel appearing for the State. 2. The petitioner is apprehending his arrest in connection with Sector-6 P.S. Case No.21/2025, registered for the offence under Sections 303(2), 317(2), 317(5), 3(5) of the BNS, 2023, under Section 21 of M.M.D.R. Act, 1957, under Rule 13 of the Jharkhand Minerals (Prevention of Illegal Mining, Transportation and Storage) Rules, 2017 and under Rule 54 of JMMC Rules, 2024 pending in the Court of the learned JMFC, Bokaro. 3. Learned counsel appearing for the petitioner submits that the petitioner is the owner of the tractor in question. He further submits that the allegation is made that 100 CFT sand was loaded on the said vehicle. He then submits that the petitioner has got one criminal antecedent. He next submits that the petitioner has received the notice under Section 35(3) of the BNSS and he has replied to the same. 4. Learned counsel appearing for the State opposed the prayer and submits that even one criminal antecedent is there against the petitioner. 5. Considering that the petitioner is the owner of the tractor in question and he has already replied to the notice under Section 35(3) of the BNSS and ( 2025:JHHC:31926 ) -2- A.B.A. No. 6056 of 2025 there is no doubt that criminal antecedent is one of the consideration either for rejecting or allowing the bail application or anticipatory bail application, however, that cannot be sole criterion either for allowing or rejecting the bail application or anticipatory bail application and in the attending facts and circumstances of the case, I am inclined to extend the privilege of anticipatory bail to the petitioner. 6. Accordingly, the above-named petitioner is directed to surrender before the learned Court within three weeks from today and in the event of his arrest or surrender, he will be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned JMFC, Bokaro in connection with Sector-6 P.S. Case No.21/2025, subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. (Sanjay Kumar Dwivedi, J.) Dated: 15th October, 2025 Ajay/