[2026:JHHC:8557] -1- IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 1062 of 2026 Endernath Bhagat aged about 32 Years S/O Jatru Oraon R/O Village-Bakhartoli, 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 : Mr. Rashika Bhardwaj, Advocate. For the State : Mr. Rajesh Kumar, 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 of the red-coloured Mahindra tractor and no sand was found on the said tractor. She next submits that it has been alleged that illegally the sand was being carried on the said tractor. She further submits that the petitioner is having no criminal antecedent and disclosure to that effect has been made in para-10 of the petition. 4. Learned A.P.P. appearing for the State has opposed the prayer and submits that sand was already unloaded from the said [2026:JHHC:8557] -2- tractor and the driver has fled away from the place of occurrence. 5. From the order of the learned Sessions Judge, it transpires that the tractor of the petitioner has said to be shown at serial No. 5 with the quantity of the sand as Zero CFT and the petitioner happened to be the owner of the said tractor and he is having no criminal antecedent and disclosure to that effect has been made in para-10 of the petition, 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/-