2026:JHHC:14972 IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 2573 of 2026 ------ 1. Santosh Kumar Jain, aged about 47 years, son of Mithu Lal Jain, resident of Madhuban, P.O. and P.S. Pirtand, District Giridih 2. Anil Kumar, aged about 58 years, son of Late Mouji Saw, resident of Chirki, P.O. and P.S. Pirtand, District Giridh .... .... …. Petitioners Versus The State of Jharkhand .... .... .... Opposite Party CORAM : HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI For the Petitioners : Mr. Prashant Kumar Rai, Advocate For the State : Mr. Prabir Chatterjee, Special P.P. ------ 02/14.05.2026 Heard learned counsel for the petitioners and learned counsel for the State. 2. Learned counsel for the petitioners is provided permission to correct the chasis number of tractor in para 7 of the petition. 3. The petitioners are apprehending their arrest in connection with Giridih (M) P.S. Case No. 29 of 2026, registered for the offence under Sections 303(2) and 3(5) of Bhartiya Nyaya Sanhita, 2023, Sections 4, 21(1), 21(6) and 22 of Mines and Minerals (Development and Regulation) Act, 1957, Rules 4, 54 and 7 of Jharkhand Minor and Minerals Concession Rules, 2004 and Rules 7 and 9 of Jharkhand Mineral (Prevention of Illegal Mining, Transportation and Storage) Rule, 2017 pending in the court of learned Sub Divisional Judicial Magistrate, Giridih. 4. Learned counsel appearing for the petitioners submits that the petitioner no.1 is owner and petitioner no.2 is the driver of the tractor and the allegations are made that 100 CFT of sand was being loaded in the said tractor. He next submits that on the authority of the Mukhiya for the purpose of Abua Awas, the sand was being carried out. 5. Learned counsel appearing for the State opposes the prayer and submits that illegally sand was being carried in the said tractor. 6. Considering that Annexure-3 is the letter dated 03.02.2026 of the Mukhiya, Palmo Gram Panchayat to suggest that the petitioners were requested to carry the sand, I am inclined to grant anticipatory bail to the petitioners. 2026:JHHC:14972 7. Accordingly, the above-named petitioners are directed to surrender before the learned Court within two weeks from today and in the event of their arrest or surrender, they shall be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Giridih, in connection with Giridih (M) P.S. Case No. 29 of 2026, subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. (Sanjay Kumar Dwivedi, J.) Anit Uploaded 16.05.2026