[2026:JHHC:8568] -1- IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 1064 of 2026 Durgesh Kumar aged about 27 Years S/O Lakhan Sahu R/O Village-Karounda, P.O. & P.S.- Gumla, District- Gumla (Jharkhand). ..... … Petitioner Versus The State of Jharkhand ..... … Opposite Party -------- CORAM : HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI ------ For the Petitioner : Ms. Rashika Bhardwaj, Advocate. For the State : Mr. Rakesh Ranjan, A.P.P. ------ 05/ 25.03.2026 Heard learned counsel for the petitioner and learned A.P.P for the State. 2. The petitioner is apprehending his arrest in connection with Gumla P.S. Case No. 426 of 2025, registered for the offence under Sections 303(2) and 317(5) of Bharatiya Nyaya Sanhita, 2023, Rule- 4/54 of Jharkhand Minor Mineral Concession Rules, 2004, Rule 7/9 of the Jharkhand Minerals (Prevention of Illegal Mining Transportation and Storage) Rules, 2017, pending in the court of learned Chief Judicial Magistrate, Gumla. 3. Learned counsel appearing for the petitioner submits that the petitioner happened to be the owner-cum-driver of the tractor in question and it has been alleged that on the said tractor illegally 100 CFT sand was loaded. She next submits that the petitioner is having no criminal antecedent and disclosure to that effect has been made in para- 10 of the petition. He further submits that the other co-accused has already been provided the privilege of anticipatory bail in A.B.A. No. 1062 of 2026 by this court. 4. Learned A.P.P. appearing for the State has opposed the [2026:JHHC:8568] -2- prayer and submits that illegally the sand was being carried on the tractor in question. 5. Considering that the petitioner happened to be the owner- cum-driver of the tractor in question and he is having no criminal antecedent and disclosure to that effect has been made in para-10 of the petition and further the co-accused has already been provided the privilege of anticipatory bail as aforesaid and in that view of the matter, the petitioner, named above, is directed to surrender before the learned Court within two weeks from today and the learned Court shall release the petitioner on such terms and conditions or the sureties as the learned Court may deem fit and proper. (Sanjay Kumar Dwivedi, J.) Dated:-25.03.2026 Amitesh/-