2026:JHHC:7912 1 IN THE HIGH COURT OF JHARKHAND, RANCHI ---- A.B.A. No. 1038 of 2026 ---- Birash Sahu aged about 48 years son of late Paltu Sahu resident of Village Karounda, PO and PS Gumla, Dist. Gumla, Jharkhand .... Petitioner -- Versus -- The State of Jharkhand .... Opposite Party ---- CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI --- For the Petitioner :- Mr. K.S. Nanda, Advocate For the State :- Mr. Vishambhar Shastri, Advocate ---- 2/20.03.2026 Heard learned counsels for petitioner and for State. 2. The petitioner is apprehending his arrest in connection with Gumla P.S. Case No.426 of 2025, for offence registered under section 303(2), 317(5) of BNS, 2023 and section 4/54 of Jharkhand Minor Minerals Concession Rules, 2004 and under section 7/9 of Jharkhand Minerals (Prevention of Illegal Mining, Transportation and Storage), Rules, 2017, pending in court of learned Chief Judicial Magistrate, Gumla. 3. Learned counsel for the petitioner submits that the petitioner happened to be owner of one of the tractor and owner cum driver of another tractor and there are general and omnibus allegations of loading 20 to 100 cft sand on the said tractor. He further submits that the petitioner is not having any criminal antecedent as disclosed in para 10 and owners and drivers of another tractors have been granted anticipatory bail in ABA No.1014 of 2026. 4. Learned State counsel opposes prayer and submits that illegally sand was being carried on the tractors. 5. Considering that the petitioner happened to be owner of one of the tractor and owner cum driver of another tractor and 2026:JHHC:7912 2 there are general and omnibus allegations of loading 20 to 100 cft sand on the said tractor and the petitioner is not having any criminal antecedent as disclosed in para 10 and owners and drivers of another tractors have been granted anticipatory bail in ABA No.1014 of 2026, and in that view of the matter, the petitioner above named is directed to surrender before learned court within two weeks from today and learned court shall release petitioner, above named, on such terms and conditions as well as sureties as learned court may deem fit and proper. 6. This petition is disposed of. ( Sanjay Kumar Dwivedi, J.) 20.03.2026 SI/