2026:JHHC:10861 --1-- A.B.A. No. 1493 of 2026 IN THE HIGH COURT OF JHARKHAND, RANCHI A.B.A. No. 1493 of 2026 ---- Paritosh Prasad Choudhary, aged about 45 years, son of Bhart Choudhary, resident of Chungi, PO – Daludih, PS – Rajganj, District - Dhanbad .... Petitioner -- Versus -- The State of Jharkhand .... Opposite Party ---- CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI --- For the Petitioner :- Mr. Birendra Kumar, Advocate For the State :- Mr. Rajneesh Vardhan, Advocate ---- 02/16.04.2026 Heard learned counsel appearing for the petitioner as well as the learned counsel appearing for the State. 2. The petitioner is apprehending his arrest in connection with Giridih (Muffasil) P.S. Case No.385 of 2025, for the alleged offences registered under Sections 303(2) and 317(2) of Bharatiya Nyaya Sanhita, 2023, Section 4/21(A), 21(6) and 22 of Jharkhand Mines and Minerals (Development & Regulation) Act, 1957, Rule 4/54 of Jharkhand Minor Mineral Concession Rules, 2004 and Rule 7/9 of Jharkhand Minerals (Prevention of Illegal Mining Transportation and Storage) Rule, 2017 pending in the Court of learned Sub-divisional Judicial Magistrate, Giridih. 3. Learned counsel appearing for the petitioner submits that the petitioner happened to be owner-cum-driver of the tractor and the allegations are made that 100 cft. sand was being loaded in the said tractor. He further submits that the petitioner has got no 2026:JHHC:10861 --2-- A.B.A. No. 1493 of 2026 criminal antecedent as disclosed in paragraph No.09 of the petition. He then submits that in the seizure list only Mining Officer is the witness and there is no independent witness. 4. Learned counsel appearing for the State opposed the prayer and submits that illegally sand was being carried in the said tractor. 5. Considering that the petitioner happened to be owner-cum- driver of the tractor and the petitioner has got no criminal antecedent as disclosed in paragraph No.09 of the petition and it has been pointed out that only Mining Officer is witness in the seizure list and in that view of the matter the petitioner is directed to surrender before the learned Court within two weeks 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 16.04.2026 Sangam/