2026:JHHC:11834 --1-- A.B.A. No. 1878 of 2026 IN THE HIGH COURT OF JHARKHAND, RANCHI A.B.A. No. 1878 of 2026 ---- Mohammad Rafik @ Md. Rafik, aged about 34 years, son of Mustak Ali, resident of village- Jankinagar, PO – Pirthinagar, PS – Pakur (M), District – Pakur, Jharkhand .... Petitioner -- Versus -- The State of Jharkhand .... Opposite Party ---- CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI --- For the Petitioner :- Mr. Rajeeva Sharma, Sr. Advocate :- Mr. Om Prakash, Advocate For the State :- Mr. Prabir Kr. Chatterjee, Advocate ---- 02/22.04.2026 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 Pakur (Town) P.S. Case No.44 of 2026 for the alleged offences registered under Sections 303(2), 317(2) and 3(5) of Bharatiya Nyaya Sanhita, 2023, Section 4/21 of Mines and Minerals (Development & Regulation) Act, 1957, Rule 54 of Jharkhand Minor Mineral Concession Rules, 2004 and under Rule 7, 9 and 13 of Jharkhand Minerals (Prevention of Illegal Mining Transportation and Storage) Rule, 2017, pending in the Court of learned C.J.M., Pakur. 3. Learned counsel appearing for the petitioner submits that the petitioner happened to be owner of the truck and the allegations are made of loading 1200 cft. stone chips. He further submits that the petitioner has got no criminal antecedent as 2026:JHHC:11834 --2-- A.B.A. No. 1878 of 2026 disclosed in paragraph No.09 of the petition. 4. Learned counsel appearing for the State opposed the prayer and submits that allegations are there of illegally carrying stone chips. 5. Considering that the petitioner happened to be owner and it has been pointed out that the said vehicle was being driven by the driver and the petitioner has got no criminal antecedent as disclosed in paragraph No.09 of the petition 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 22.04.2026 Sangam/