2026:JHHC:16258 1 IN THE HIGH COURT OF JHARKHAND, RANCHI ---- A.B.A. No. 2713 of 2026 ---- 1.Samsuddin Shekh, aged about 38 years, son of late Sabdul Shekh, resident of Jankinagar, Post Office Prithinagar, Police Station Pakur (Muffasil) Dist. Pakur, Jharkhand 2.Nasim Akhatar, aged about 25 years, son of Altaf Sheikh, resident of Village Udainarainpur Post Office and Police Station Pakur, District Pakur, Jharkhand .... Petitioners -- Versus -- The State of Jharkhand .... Opposite Party ---- CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI --- For the Petitioners :- Mrs Nitu Sinha, Advocate For the State :- Mr. Rakesh Kumar Sinha, Advocate ---- 2/08.06.2026 Heard learned counsels for petitioners and for the State. 2. The petitioners are apprehending their arrest in connection with Pakur (Muffasil) PS Case No.42 of 2026, for offence registered under section 303(2), 319(2), 318(2), 338, 336(3), 340(2), 3(5) of BNS, 2023, Rule 54 of Jharkhand Minor Mineral Concessional Rules, Section 4 and 21 of Mines and Minerals (Development and Regulation) Act, 1957 and Rules, 7,9 and 13 of Jharkhand Minerals (Prevention of Illegal Mining, Transportation and Storage) Rules, pending in court of learned Sub Divisional Judicial Magistrate, Pakur. 3. Learned counsel for petitioners submits that petitioner no.1 2026:JHHC:16258 2 happened to be the owners of two of the Hywa vehicles and the petitioner no.2 happened to be driver of one of the Hywa vehicle and the allegations are made that on the said Hywa vehicles stone chips were being carried. She next submits that so far as the first Hywa vehicle is concerned the stone chips were being carried on the basis of valid challan and the allegation is made that another Hywa was carrying stone chips on the basis of same challan and she further submit that the petitioner no.1 was not knowing that on one of the Hywa vehicle on the basis of the same challan the stone chips were being carried. She next submits that the petitioners had no knowledge that the stone chips were being carried in the second Hywa on the basis of the same challan. She also submits that the petitioners have got no criminal antecedent as disclosed in paragraph no.8 of the petition. 4. Learned State counsel opposes prayer and submits that on the basis of single challan on two of the Hywa vehicles the stone chips were being carried,. 5. Considering that petitioner no.1 happened to be the owners of two Hywas and the petitioner no.2 happened to be driver of one of the Hywa vehicle and it is not clear that so far as the petitioner no.2 is concerned, he was driving which of the vehicle and the allegations are made that on the basis of single challan on two of the Hywas the stone chips were being carried and the 2026:JHHC:16258 3 petitioners have got no criminal antecedent as aforesaid, I am inclined to grant anticipatory bail to both the petitioners. 6. Accordingly, both the petitioners, above named, are hereby directed to surrender before learned court within three 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) each, with two sureties of like amount each, to satisfaction of learned Sub Divisional Judicial Magistrate, Pakur, in connection with Pakur (Muffasil) PS Case No.42 of 2026, subject to the conditions as laid down under section 482(2) of Bhartiya Nagrik Suraksha Sanhita (BNSS), 2023. ( Sanjay Kumar Dwivedi, J.) 08.06.2026 SI/