2026:JHHC:13266 IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 1859 of 2026 ------ 1. Roni Shaikh, son of Manirul Shekh, resident of Village Siteshnagar, P.O. Pakur, P.S. Pakur (M), District Pakur 2. Esrafil Shekh, son of Mansur Shekh, resident of Village Siteshnagar, P.O. Pakur, P.S. Pakur (M), District Pakur .... .... …. Petitioners Versus The State of Jharkhand .... .... .... Opposite Party CORAM : HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI For the Petitioners : Mr. Gautam Kumar, Advocate Mr. Abhinav Raj, Advocate For the State : Mr. Prabir Chatterjee, Special P.P. ------ 02/05.05.2026 Heard learned counsel for the petitioners and learned counsel for the State. 2. The petitioners are apprehending their arrest in connection with Malpahari P.S. Case No. 27 of 2026, registered for the offence under Sections 303(2), 317(2) and 3(5) of Bhartiya Nyaya Sanhita, 2023 Sections 4 and 21 of Mines and Minerals (Development and Regulation) Act, Rule 54 of Jharkhand Minor and Minerals Concession Rules, 2004 and Rules 7, 9 and 13 of Jharkhand Mineral (Prevention of Illegal Mining, Transportation and Storage) Rule, 2017, pending in the court of learned Sub Divisional Judicial Magistrate, 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 Hyva truck and the allegations are made of carrying 900 CFT stone chips in absence of any valid challan. He also submits that the petitioners are having no criminal antecedent as disclosed in para 10 of the petition. He next submits that owner-cum-driver of another tractor in identical situation has already been granted anticipatory bail by this Court in A.B.A. No.1742 of 2026. 4. Learned counsel appearing for the State has opposed the prayer and submits that in absence of any valid challan, the stone chips were being carried. 5. Considering that the petitioner no.1 is owner and petitioner no.2 is the driver of the Hyva truck and they are having no criminal antecedent as disclosed in para 10 of the petition and in identical 2026:JHHC:13266 situation owner-cum-driver of the another tractor has already been granted anticipatory bail in in the aforesaid A.B.A. and in that view of the matter, I am inclined to grant anticipatory bail to the petitioners. 6. Accordingly, the above-named petitioners are directed to surrender before the learned Court within two weeks from today and in the event of their arrest or surrender, they shall be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Pakur, in connection with Malpahari P.S. Case No. 27 of 2026, subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. (Sanjay Kumar Dwivedi, J.) Anit Uploaded 06.05.2026