Patna High Court
Subodh Kumar Shahni @ Subodh Kumar ShahiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSHUMAN
Holding
The Court granted anticipatory bail to the petitioner subject to specified monetary and procedural conditions.
Summary
The petitioner, Subodh Kumar Shahni, the owner of a truck, was implicated in a case (Koilwar P.S. Case No. 233 of 2024) alleging violation of Sections 56(1) and 56(2) of the Bihar Mineral (Concession, Prevention of Illegal Mining, Transportation and Storage) Amendment Rules, 2021, resulting in a loss of Rs.2,73,631 to the government. He filed an application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 seeking anticipatory bail, claiming he was unaware of any wrongdoing by his driver and Khalasi. The State opposed the bail, arguing that the loss occurred due to the petitioner’s truck. The Court, after hearing both sides, granted anticipatory bail subject to the petitioner depositing the loss amount within six weeks, furnishing a bail bond of Rs.30,000, and complying with verification of his criminal antecedents. The order also stipulated that the trial court may cancel the bail if the petitioner is found to have concealed any prior criminal record. The bail bond acceptance shall not be delayed for the purpose of verification.
Issues considered
- Whether anticipatory bail can be granted under Section 482 of the BNSS, 2023 to a person alleged to have violated the Bihar Mineral Amendment Rules, 2021.
- Whether the petitioner’s alleged ownership of the truck makes him liable for the alleged loss and justifies denial of bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 2(1)(d), 482, 482(2)
Subjects
- anticipatory bail
- Section 482
- illegal mining
- Bihar Mineral Rules
- criminal miscellaneous
- bail conditions
- loss to exchequer
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10472 of 2026
Arising Out of PS. Case No.-233 Year-2024 Thana- KOILWAR District- Bhojpur
======================================================
Subodh Kumar Shahni @ Subodh Kumar Shahi S/o Ramekbal Shahi Resident
of Village and Post - Baruraj, P.S.- Motipur, District- Muzaffarpur, State -
Bihar, Pin Code - 843132.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shiv Pratap, Advocate
For the Opposite Party/s : Mr. Sanjay Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 12-03-2026 Heard Learned Counsel for the petitioner and
Learned APP for the State.
2. The present criminal miscellaneous application has
been filed under Section 482 of the Bharatiya Nagarik Suraksha
Sanhita, 2023 (hereinafter referred to as ‘the BNSS, 2023’) for
grant of anticipatory bail to the petitioner who apprehends arrest
in connection with Koilwar P.S. Case No. 233 of 2024, lodged
on 18.05.2024, under Sections 56(1)/56(2) of the Bihar Mineral
(Concession, Prevention of Illegal Mining, Transportation and
Storage) Amendment Rules, 2021.
3. As per the prosecution, the allegation made in the
FIR is relating to violation made under Bihar Mineral
Amendment Rules, 2021 and the seized sand were subject to
Patna High Court CR. MISC. No.10472 of 2026(2) dt.12-03-2026
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theft by which loss of government exchequer at the tune of
Rs.2,73,631/- took place.
4. Learned Counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. Counsel
submits that antecedent of the petitioner is clean and he has
unnecessarily been made in this case. He is the owner of the
truck and he is completely unaware that what driver and Khalasi
have done.
5. Learned APP for the State, on the other hand,
opposes the prayer for bail of the petitioner and submits that due
to the petitioner’s truck, the loss to the government had taken
place at the tune of Rs.2,73,631/-.
6. In the present facts and circumstances of this case,
let the above named petitioner be released on anticipatory bail
subject to payment of Rs.2,73,631/- before the concerned
department within six weeks from today, in the event of arrest
or surrender before the learned Court below within a period of 6
weeks from today, on furnishing bail bond of Rs.30,000/-
(Rupees Thirty Thousand) as mentioned in Section 2(1)(d) of
the BNSS, 2023 to the satisfaction of A.C.J.M., Bhojpur at Ara,
in connection with Koilwar P.S. Case No. 233 of 2024, subject
to the conditions as laid down U/s 482(2) of the BNSS, 2023.
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7. And further condition that the Trial Court shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the Trial Court shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above mentioned order
shall not be delayed for purpose of or in the name of
verification.
8. It is made clear that at the time of release of truck,
the deposited amount by the petitioner shall also be taken into
consideration.
(Dr. Anshuman, J)
Mkr./-
U
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