2025:JHHC:37651 --1-- A.B.A. No. 7140 of 2025 IN THE HIGH COURT OF JHARKHAND, RANCHI A.B.A. No. 7140 of 2025 ---- Lalu Yadav, aged about 30 years, S/o Basudev Yadav, resident of village – Jatghaghra, PO – Barkangango, PS – Barkattha, District - Hazaribagh .... Petitioner -- Versus -- The State of Jharkhand .... Opposite Party ---- CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI --- For the Petitioner :- Mr. Lalan Kr. Singh, Advocate :- Mr. Nand Kishore Singh, Advocate For the State :- Mr. Vishwanath Roy, Advocate ---- 03/15.12.2025 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 Barkatha P.S. Case No.71 of 2025, for the alleged offences registered under Sections 317(5) and 3(5) of Bharatiya Nyaya Sanhita, 2023, Section 21 of Mines and Minerals (Development & Regulation) Act, 1957, Rule 54 of Jharkhand Minor Mineral Concession Rules, 2004 and under Rule 13 of Jharkhand Minerals (Prevention of Illegal Mining Transportation and Storage) Rule, 2017 pending in the Court of learned Judicial Magistrate First Class, Hazaribagh. 3. Learned counsel appearing for the petitioner submits that the petitioner happened to be the driver of the Tractor in question and the allegations are made that 100 cft. sand was being loaded in 2025:JHHC:37651 --2-- A.B.A. No. 7140 of 2025 the said tractor. He further submits that the petitioner is having one criminal antecedent of the year 2022 in which he is on regular bail. He then submits that in identical situation owner of the vehicle has been granted anticipatory bail in A.B.A. No.5269 of 2025. 4. Learned counsel appearing for the State opposes the prayer and submits that illegally sand was being carried. 5. Looking into the contents of the impugned order it transpires that notice under Section 35(3) of Bharatiya Nagarik Suraksha Sanhita, 2023 has been issued to the petitioner, however, the petitioner is having one criminal antecedent and in that view of the matter the petitioner is directed to surrender before the learned Court within two weeks and the learned Court shall release the petitioner on such terms and conditions or the sureties as the learned Court may deem fit and proper. (Sanjay Kumar Dwivedi, J.) Dated 15.12.2025 Sangam/