Patna High Court
Rohit KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
Holding
Bail was granted to the petitioner subject to stringent conditions under Section 482(2) of the Bharatiya Nyaya Sanhita.
Summary
Rohit Kumar, owner of a JCB, was implicated in an FIR alleging illegal soil cutting from government land under Sections 303(2), 317(2), 132, 3(5) of the Bharatiya Nyaya Sanhita and Section 194 of the Motor Vehicles Act. He contended that the JCB was used without his consent, that his driver and another individual had already been arrested, and that he had no prior criminal record. The State opposed his bail, arguing that stringent conditions were necessary to prevent future offences and possible tampering with evidence. The Court considered the fact that two co‑accused were already in custody and applied the principles of Section 482(2) of the BNSS. It granted bail on a bond of Rs.10,000 with two sureties, imposing conditions of family surety, cooperation with trial, non‑interference with witnesses, and abstention from similar offences. The order emphasized that breach of any condition would lead to cancellation of bail.
Issues considered
- Whether bail should be granted to the petitioner under the circumstances of the FIR and pending trial
- Whether imposing specific conditions under Section 482(2) of the BNSS is appropriate to safeguard the trial
Legislation cited
- Bharatiya Nyaya Sanhita — s. 132, 303(2), 317(2), 3(5), 482(2)
- Motor Vehicles Act — s. 194
Subjects
- bail
- illegal mining
- government land
- criminal procedure
- BNSS
- Motor Vehicles Act
- evidence tampering
- surety
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10250 of 2026
Arising Out of PS. Case No.-204 Year-2025 Thana- SURYAPURA District- Rohtas
======================================================
Rohit Kumar S/o- Lalan Singh R/v- Nonhar Ps- Suryapura Dist- Rohtas
... ... Petitioner/s
Versus
1. The State of Bihar
2. The Mining Inspector, Rohtas, Sasaram Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Arvind Kumar Pandey, Advocate
For the Opposite Party/s : Mr. Manoj Kumar, APP
Mr. Naresh Dikshit, Spl PP, Mines Dept.
Ms. Shruti Singh, Advocate
Mr. Utkarsh Pathak, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
2 25-02-2026 Heard learned counsel for the petitioner and
learned APP for the State.
2. Petitioner apprehends his arrest in connection
with Suryapura P.S. Case No.204 of 2025, dated 16.06.2025,
registered for the offence punishable under Sections 303(2),
317(2), 132, 3(5) of the Bharatiya Nyaya Sanhita and Section
194 of the Motor Vehicles Act.
3. As per the FIR, the JCB of the petitioner was
found indulged in illegal cutting of soil from Government land.
4. It is submitted by the learned counsel for the
petitioner that the petitioner is innocent and has been falsely
implicated in this case. He further submits that the petitioner is
the owner of the JCB in question and that, without his consent,
his driver was involved in the alleged incident, pursuant to
which the instant FIR has been lodged. Referring to the seizure
Patna High Court CR. MISC. No.10250 of 2026(2) dt.25-02-2026
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list, learned counsel submits that the vehicle was found in
village Nonhar; however, no specific place has been mentioned
as to where such activities were actually undertaken. It is further
submitted that the driver of the JCB and one Arun Singh, at
whose instance the driver had taken the JCB for cutting soil,
have already been arrested by the police. It is the stand of the
petitioner that he is a student, and he will cooperate with the
investigation, and that he will ensure that he does not indulge in
such activities in the future. Lastly, it is submitted that the
petitioner has no criminal antecedents.
5. On the other hand, the learned APP for the State,
as well as counsel for the Mines Department, has opposed the
prayer for bail and submitted that stringent conditions may be
imposed upon the petitioner to ensure that such activities are not
carried out in the future.
6. Considering the fact that two persons have
already been taken into judicial custody for the alleged incident,
let the above named petitioner, be released on bail, in the event
of his arrest or surrender before the learned Court below within
a period of six weeks from today, on furnishing bail bond of Rs.
10,000/- (Rupees Ten Thousand) with two sureties of the like
amount each to the satisfaction of the learned Judicial
Patna High Court CR. MISC. No.10250 of 2026(2) dt.25-02-2026
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Magistrate, 1st Class, Bikramganj, Rohtas/ Successor Court in
connection with Suryapura P.S. Case No.204 of 2025 subject to
the conditions as laid down under Section 482(2) of the BNSS
as well as the following conditions:
(i) One of the bailors should be the family
member/relative/known of the petitioner(s) who shall provide
official document/ personal affidavit to show his/her bona fide;
(ii) the petitioner(s) shall cooperate in the trial and
appear on each and every date before the Trial Court and failure
to do so for two consecutive dates without plausible reason will
entail cancellation of his/her/their bail bond by the Trial Court
itself;
(iii) the petitioner(s) shall in no way try to induce or
promise or threat the witnesses or tamper with the evidences,
failing which the State shall be at liberty to take steps for
cancellation of the bail bonds;
(iv) the petitioner(s) shall desist from committing any
similar criminal offence again, failing which the State shall be at
liberty to take steps for cancellation of their bail bonds.
(Ajit Kumar, J)
shikha/-
U T
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