[ 2026:JHHC:2720] -1- IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 559 of 2026 1. Gobinda Pal, age about 49 years S/o Khagen Chandra Pal, R/O Vill & P.O. Kalyaganj, P.S.- Kalyaganj, District- Uttardinajpur, West Bengal. 3. Aftab Ansari, age about 24 years, S/o- Siddik Husain, R/O village Malgan, P.O. & P.S. Kalyaganj, District-Uttardinajpur, West Bengal. ..... … 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. Abhay Kumar Tiwari, A.P.P. ------ 03/ 03.02.2026 Heard learned counsel for the petitioners and learned A.P.P for the State. 2. The petitioners are apprehending their arrest in connection with Hiranpur P.S. Case No. 122 of 2025, registered for the offence under Sections 303(2), 317(2) and 3(5) of Bharatiya Nyaya Sanhita, 2023 and Section 4/21 of the Mines and Minerals (Development and Regulation) Act, 1957, Rule-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 A.C.J.M., Pakur. 3. Learned counsel appearing for the petitioners submits that the petitioner No. 1 is the owner and petitioner No. 2 is the driver of the hywa truck in question and it has been alleged that 850 CFT stone chips was loaded on the said truck. He next submits that the petitioners are having no criminal antecedent and disclosure to that effect has been made in para-5 of the petition. He further submits that in the seizure list, there is no independent witness. [ 2026:JHHC:2720] -2- 4. Learned A.P.P. appearing for the State has opposed the prayer and submit that illegally the stone chips were being carried on the hywa truck in question. 5. Considering that the petitioner No. 1 is the owner and petitioner No. 2 is the driver of the hywa truck in question and the petitioners are having no criminal antecedent and disclosure to that effect has been made in para-5 of the petition and further there is no independent witness to the seizure list, 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:-03.02.2026 Amitesh/-