( 2026:JHHC:4260 ) IN THE HIGH COURT OF JHARKHAND AT RANCHI A. B. A. No. 864 of 2026 1. Ashish Saha @ Asish Saha, aged about 33 years, son of Shishir Saha, resident of village Jaipur, P.O.and P.S. Khargram District-Murshidabad (West Bengal) 2. Tajmul Sk. @ Tajmol Sk. Aged about 24 years, son of Saidul Hossain, resident of village Ahalehadispara, Asalpur, P.O. and P.S. Khargram, District-Murshidabad (West Bengal) ...... … Petitioners Versus The State of Jharkhand .…. … Opposite Party -------- CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI For the Petitioners :Mr. Ashish Kumar Thakur, Advocate For the State : Mr. Abhay Kr. Tiwari, A.P.P. 02/ 16.02.2026: Heard learned counsel for the petitioners and learned counsel for the State. 2. The petitioners are apprehending their arrest in connection with Shikaripara P.S. Case No.115 of 2025, for offence registered under sections 303(2), 3(5) of BNS, 2023 and sections 4/21 of Mines and Minerals (Development and Regulation) Act, 1957, Rules 4 and 54 of Jharkhand Minor Minerals Concessions Rules, 2004 and Rules 9 and 13 of Jharkhand Mines and Minerals (Prevention of Illegal Mining, Transportation and Storage) Rules, 2017, pending in court of learned A.C.J.M., Dumka. 3. Learned counsel for petitioners submits that petitioner no.1 is owner and petitioner no.2 is driver of the vehicle in question and allegations are made of illegally carrying of the 1000 cft sand in each of the trucks. He further submits that the sand in question was loaded by the petitioners from M/s Radhika Mining Company, Raghunathpur, in the district of Dumka on 16.10.2025 and it was on proper challan, however, due to server problem, the challan was not with the petitioners. He next submits that in course of the investigation it was found that the challan was issued and that has come in the order of the learned Sessions Judge. He also submits that the ( 2026:JHHC:4260 ) petitioners are not having any criminal antecedent as disclosed in paragraph no.21 and they have complied notice under section 35(3) of BNSS, 2023. He next submits that co-accused persons have been granted anticipatory bail in A.B.A. No. 291 of 2026 and A.B.A. No.839 of 2026. 4. Learned State counsel opposes prayer and submits that the validity of the challan was already expired. 5. Considering that the petitioner no. 1 is owner and petitioner no.2 is driver and the said sand was loaded from M/s Radhika Mining Company, Raghunathpur, in the district of Dumka and there is dispute with regard to validity of the challan and the petitioners have got no criminal antecedent as aforesaid and co-accused persons have been granted anticipatory bail, I am inclined to grant anticipatory bail to petitioners. 6. Accordingly, both petitioners, above named, are hereby directed to surrender before learned court within four weeks from today, and in event of their surrender/arrest, both the petitioners, 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 A.C.J.M., Dumka, in connection with Shikaripara P.S. Case No.115 of 2025, subject to the conditions as laid down under section 482(2) of Bhartiya Nagrik Suraksha Sanhita (BNSS), 2023. Dt.16.02.2026 ( Sanjay Kumar Dwivedi, J.) satyarthi-