[2026:JHHC:8573] -1- IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 1063 of 2026 1. Nishar Hussain aged about 40 years S/o-Tafazzul Hussain R/O Bhuli Road, Ali Nagar, P.O. & P.S- Bhuli Nagar, District- Dhanbad. Jharkhand. 2. Durwesh Alam Khan aged about 44 years S/o- Abdul Quiyum Khan R/O Pipcho, P.O. & P.S- Jai Nagar, District- Koderma (Jharkhand). ..... … Petitioners Versus The State of Jharkhand ..... … Opposite Party -------- CORAM : HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI ------ For the Petitioners : Mr. Md. Yasir Arafat, Advocate. For the State : Mr. Ajay Kumar Pathak, A.P.P. ------ 03/ 25.03.2026 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 Mirzachouki P.S. Case No. 24 of 2025, registered for the offence under Sections 303(2) and 288 of Bharatiya Nyaya Sanhita, 2023, Rule-4/54 of Jharkhand Minor Mineral Concession Rules, 2004 and Rule 7/9/13 of the Jharkhand Minerals (Prevention of Illegal Mining Transportation and Storage) Rules, 2017, pending in the court of learned S.D.J.M., Sahibganj. 3. Learned counsel appearing for the petitioners submits that these petitioners happened to be the owner of two different JCB machines and it has been alleged that both the JCB machines were being used for excavation of minerals. He next submits that the petitioners are having no criminal antecedents and disclosure to that effect has been made in para-6 of the petition. He further submits that two of the other co-accused have already been provided the privilege of anticipatory bail in A.B.A. No. 5938 of 2025 by this court. 4. Learned A.P.P appearing for the State has opposed the [2026:JHHC:8573] -2- prayer and submits that said JCBs were being used in illegal excavation of minerals. 5. Considering that the other co-accused has already been provided the privilege in the aforementioned A.B.A. and the petitioners are having no criminal antecedent and disclosure to that effect has been made in para-6 of the petition and further the petitioners are said to be the owner of respective JCB machines, 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:-25.03.2026 Amitesh/-