2025:JHHC:36917 IN THE HIGH COURT OF JHARKHAND, RANCHI A.B.A. No. 6978 of 2025 ---- Amod Kumar Warnwal @ Amod Kr. Barnwal, aged about 47 years son of Brij Mohan Warnwal, resident of Village Mirzachauki, PO and PS Mirzachauki, District -Sahibganj .... Petitioner -- Versus -- The State of Jharkhand .... Opposite Party ---- CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI ---- For the Petitioner :- Mr. Gautam Kumar, Advocate For the State :- Mr. Rakesh Ranjan, Advocate ---- 2/09.12.2025 Heard learned counsels for petitioner and for State. 2. The petitioner is apprehending his arrest in connection with Mirzachouki PS Case No.54 of 2025, for offence registered under section 303(2), 317(2), 210 of BNS, 2023, Rules 4/54 of Jharkhand Mines and Minerals Concessions Rules, Rules 7 and 9 of Jharkhand Minerals (Prevention of Illegal Mining, Transportation and Storage) Rules, 2017, pending in court of learned S.D.J.M., Sahibganj. 3. Learned counsel for petitioner submits that petitioner happened to be owner cum driver of Poklane Smart 215L Hyundai Excavator. He further submits that allegations are made that the said Poklane machine was standing near the place of occurrence. He then submits that however what was being excavated by the said machine is not disclosed in the FIR. He also submits that the said vehicle was not excavating any mineral and the petitioner has got no criminal antecedent as disclosed in paragraph no.12 of the petition. 4. Learned State counsel opposes prayer and submits that the said vehicle was standing near the place of occurrence. 5. Considering that the petitioner is owner cum driver of the said Pocklane machine which was only parked near place of occurrence and what was being excavated is not disclosed and the petitioner has got no criminal antecedent as aforesaid, 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., Sahibganj, in connection with Mirzachouki PS Case No.54 of 2025, subject to conditions as laid down in section 482(2) of Bhartiya Nagrik Suraksha Sanhita (BNSS), 2023. ( Sanjay Kumar Dwivedi, J.) 09.12.2025 SI/