[2026:JHHC:4738] -1- IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 959 of 2026 1. Tulsi Gope, aged about 43 years, S/o Late Gopi Gope, 2. Goutam Kumar Gope, aged about 24 years, S/o Sri Bhagwat Gope, Both are residents of Village & P.O.- Pupunki, P.S.- Chas (M), District- Bokaro (Jharkhand). ..... … Petitioners Versus The State of Jharkhand ..... … Opposite Party -------- CORAM : HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI ------ For the Petitioners : Mr. Mukesh Kumar, Advocate. For the State : Mr. P.D. Agarwal, Spl.P.P. ------ 04/ 19.02.2026 Heard learned counsel appearing for the petitioners and learned A.P.P for the State. 2. The petitioners are apprehending their arrest in connection with Chas (M) P.S. Case No. 147 of 2025, registered for the offence under Sections 303(2) and 317(2) of Bharatiya Nyaya Sanhita, 2023, Section 21 of the Mines and Minerals (Development and Regulation) Act, 1957, Rule-54 of Jharkhand Minor Mineral Concession Rules, 2004 and Rule 13 of the Jharkhand Minerals (Prevention of Illegal Mining Transportation and Storage) Rules, 2017, pending in the court of learned Judicial Magistrate, 1st Class, Bokaro. 3. Learned counsel appearing for the petitioners submits that the petitioners happened to be the owner-cum-driver of two tractors and it has been alleged that on each of the tractor, 10 CFT sand was loaded. He next submits that the petitioners are having no criminal antecedent and disclosure to that effect has been made in para-20 of the petition. He further submits that the petitioners have already complied the notice issued under Section 35(3) of Bharatiya Nagarik Suraksha Sanhita, 2023. 4. Learned A.P.P appearing for the State has opposed the prayer and submits that illegally the sand was carried on the said [2026:JHHC:4738] -2- tractors in question. 5. Considering that the petitioners are the owner-cum-driver of two different tractors and they are having no criminal antecedent and disclosure to that effect has been made in para-20 of the petition and further the petitioners have already complied the notice issued under Section 35(3) of Bharatiya Nagarik Suraksha Sanhita, 2023, in that view of the matter, the petitioners, named above, are directed to surrender before the learned Court within two weeks from today and the learned Court shall release the petitioners on such terms and conditions or the sureties as the learned Court may deem fit and proper. (Sanjay Kumar Dwivedi, J.) Dated:-19.02.2026 Amitesh/-