2026:JHHC:10049 --1-- A.B.A. No. 1423 of 2026 IN THE HIGH COURT OF JHARKHAND, RANCHI A.B.A. No. 1423 of 2026 ---- 1. Mohammad Sheru, aged about 44 years, S/o Md. Anish, R/o village – Sonsihari, PO – Nawada, PS – Muffasil (Nawada), District – Nawada, Bihar 2. Aftab Ansari @ Afataj Ansari, aged about 23 years, S/o Ayub Ansari, R/o village – Mangaste, PO – Argali, PS – Danwar, District – Giridih, Jharkhand .... Petitioners -- Versus -- The State of Jharkhand .... Opposite Party ---- CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI --- For the Petitioners :- Mr. Dharmendra Kr. Malityar, Advocate :- Mr. Anukul Gaurav, Advocate For the State :- Mrs. Shweta Singh, Advocate ---- 02/08.04.2026 Heard learned counsel appearing for the petitioners as well as the learned counsel appearing for the State. 2. The petitioners are apprehending their arrest in connection with Baliapur P.S. Case No.219 of 2025 for the alleged offences registered under Sections 317(5) and 3(5) of Bharatiya Nyaya Sanhita, 2023, Section 4(1)/21 of Mines and Minerals (Development & Regulation) Act, 1957 and Rule 9/13 of Jharkhand Minerals (Prevention of Illegal Mining Transportation and Storage) Rule, 2017 pending in the Court of learned Judicial Magistrate 1st Class, Dhanbad. 3. Learned counsel appearing for the petitioners submits that petitioner No.1 is the owner and petitioner No.2 is the driver of 2026:JHHC:10049 --2-- A.B.A. No. 1423 of 2026 truck and the allegations are made of loading 20 metric tons of coal on the said truck. He further submits that the petitioners have got no criminal antecedent as disclosed in paragraph No.09 of the petition. 4. Learned counsel appearing for the State opposed the prayer and submits that illegally coal was loaded on the said truck. 5. Considering that petitioner No.1 is the owner and petitioner No.2 is the driver of truck and petitioners have got no criminal antecedent as disclosed in paragraph No.09 of the petition and in that view of the matter the petitioners are directed to surrender before the learned Court within two weeks 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 08.04.2026 Sangam/