2026:JHHC:767 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI ABA No.73 of 2026 1. Uday Mahatha @ Uday Kumar, aged about 25 yrs. S/o Prabhu Nath Mahatha, 2. Rahul Mahatha @ Rahul Kumar Mahatha, aged about 37 yrs. S/o Late Birendra Mahatha, Both R/o Vill. Keshargarh, P.O. & P.S. Baghmara, Dist. Dhanbad. …. Petitioners Versus The State of Jharkhand … Opp. Party -------- CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI ------ For the Petitioners : Mr. Shailesh Kr. Singh, Advocate For the State : Mr. Shiv Shankar Kumar, A.P.P. ------ 2/13.01.2026 Heard learned counsel appearing on behalf of Petitioners and learned counsel appearing on behalf of the State. 2. The petitioners are apprehending their arrest in connection with Baghmara P.S. Case No. 58/2025, registered under Sections 317 (5), 303 (2), 3(5) of B.NS. and section 21 of MMDR Act, pending in the court of learned Sub-Divisional Judicial Magistrate, Dhanbad. 3. Learned counsel appearing for the petitioners submits that false allegations are made against the petitioners of excavating coal near Jamunia River. He also submits that the petitioners have not excavated the coal and the coal in question is recovered from open area accessible to public at large. He also submits that name of the petitioners came on suspicion. He next submits that the petitioners have been noticed under Section 35(3) of BNSS and they have replied the same by way of Annexure -3. He then submits that the petitioners have got no criminal antecedent as disclosed in Para 19 of the petition. 4. Learned counsel appearing for the State opposed the prayer and 2026:JHHC:767 2 submits that allegations are there of excavating coal by the petitioners. 5. Considering that the coal in question was recovered from an open area accessible to public at large and the petitioners have also replied notice under Section 35(3) of BNSS, in that view of the matter, the petitioners above named are directed to surrender before the learned Court within two weeks and the learned Court shall release the petitioners on such terms and condition or sureties, the learned Court may deem fit and proper. (Sanjay Kumar Dwivedi, J.) 13.01.2026 R.Kumar