2025:JHHC:33943 IN THE HIGH COURT OF JHARKHAND, RANCHI A.B.A. No. 6421 of 2025 ------- Rahul Paswan @ Rahul Kumar Paswan aged 20 years son of Jageshwar Paswan Vill.-Bairisal, P.O.&P.S. Hazaribagh, District Hazaribag…... Petitioner -- Versus -- The State of Jharkhand .... ……………..Opposite Party ---- CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI --- For the Petitioner :- Mr. Sidhant Sinha, Advocate For the State :- Mr. Bishwambhar Shastri, Advocate ---- 2/12.11.2025 Heard learned counsels for petitioner and for the State. 2. The petitioner is apprehending his arrest in connection with Barhi PS Case No.302 of 2025, for offence registered under section 317(5), 3(5) of BNS, 2023 section 4 and 21 of Mines and Mineral (Development and Regulation) Act, Rules 9 and 13 of Jharkhand Minerals (Prevention of Illegal Mining, Transportation and Storage) Rules and Rules 4 and 54 of Jharkhand Minor Mineral Concession Rules, pending in court of learned S.D.J.M., Hazaribagh. 3. Learned counsel for petitioner submits that petitioner happened to be owner cum driver of one of tractor and allegation is made of carrying 100 cft sand on said vehicle. He further submits that petitioner has got one criminal antecedent however the only allegation is there of carrying 100 cft sand on said tractor and in view of that, the anticipatory bail may kindly be granted to the petitioner. 4. Learned State counsel opposes prayer and submits that illegally the said sand was being carried on the said tractor. 5. Considering that the petitioner is owner cum driver of the said tractor and the allegation is made of carrying 100 cft sand on the said vehicle and further the criminal antecedent cannot be the sole criteria either for rejecting or allowing the anticipatory bail or regular bail and in the attending facts and circumstances of the present case, I am inclined to grant anticipatory bail to petitioner. 6. Accordingly, petitioner, above named, is hereby directed to surrender before learned court within three weeks from today, and in event of his surrender/arrest, petitioner, above named, shall be released on bail, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand), with two sureties of like amount each, to satisfaction of learned S.D.J.M., Hazaribagh, in connection with Barhi PS Case No.302 of 2025, subject to the conditions as laid down under section 482(2) of Bhartiya Nagrik Suraksha Sanhita (BNSS), 2023. ( Sanjay Kumar Dwivedi, J.) 12.11.2025 SI/