JUDGMENT : Heard the parties. 2. This Criminal Miscellaneous Petition has been filed invoking the jurisdiction of this Court under Section 528 of the Bhartiya Nagrik Suraksha Sanhita, 2023 with a prayer to quash the order dated 16.01.2025, passed by the learned Chief Judicial Magistrate, Simdega in connection with Simdega P.S. Case No. 68 of 2023 corresponding to G.R. Case No. 361 of 2023 whereby and where under the learned Chief Judicial Magistrate, Simdega has rejected the petition filed by the petitioner under Section 317 of Cr.P.C. 3. It is submitted by the learned counsel for the petitioner that the petitioner is an A.S.I. in the Border Security Force and at present he is posted in the State of Mizoram. It is next submitted by the learned counsel for the petitioner that the petitioner is an accused of Simdega P.S. Case No. 68 of 2023 corresponding to G.R. Case No. 361 of 2023 involving the offences punishable under Section 379/414 of the Indian Penal Code, under Section 4/21 of the Mines and Minerals (Development and Regulation) Act, 1957 and under Rule 9/11/13 of the Jharkhand Mineral (Prevention of Illegal Mining, Transportation and Storage) Rule, 2017. It is further submitted that the case was fixed to 16.01.2025 and three of the co-accused persons were present while the petitioner remained absent. A representation was filed under Section 317 of Cr.P.C. by the petitioner but the same was rejected. It is next submitted by the learned counsel for the petitioner that the petitioner was prevented by sufficient cause as he was not granted leave by his employer and in this respect, the learned counsel for the petitioner draws the attention of this Court to annexure -3/1 at page no. 16 of the brief, which is the certified copy issued by the Deputy Commandant of the concerned Battalion of the Border Security Force. It is further submitted by the learned counsel for the petitioner that the petitioner undertakes to surrender before the court of learned Chief Judicial Magistrate, Simdega and it is submitted that the petitioner be directed to be released on bail in case he surrenders. 4. Considering the facts and circumstances of the case and also considering the fact that the petitioner is personnel of Border Security Force, the prayer as prayed for by the petitioner in this criminal miscellaneous petition is allowed. 5. 4. Considering the facts and circumstances of the case and also considering the fact that the petitioner is personnel of Border Security Force, the prayer as prayed for by the petitioner in this criminal miscellaneous petition is allowed. 5. The petitioner is directed to surrender before the learned Chief Judicial Magistrate, Simdega, on or before 9th of May, 2025 in connection with Simdega P.S. Case No. 68 of 2023 corresponding to G.R. Case No. 361 of 2023. 6. In case, the petitioner surrenders before the learned Chief Judicial Magistrate, Simdega, on or before 9th of May, 2025 in connection with Simdega P.S. Case No. 68 of 2023 corresponding to G.R. Case No. 361 of 2023, he shall be admitted to bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of like amount each to the satisfaction of the learned Chief Judicial Magistrate, Simdega; upon undertaking to cooperate with the trial and will remain present in person, on the date fixed for framing of charge by the trial court. 7. This criminal miscellaneous petition is allowed to the aforesaid extent only.