Patna High Court
Balmiki ChauhanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
Holding
The Court held that the petitioner is entitled to anticipatory bail, subject to a modest bond and specific conditions, as he has no criminal antecedent and the co‑accused has already been granted bail.
Summary
The petitioner, Balmiki Chauhan, a driver of a JCB machine, was implicated in an FIR (Mufassil Police Station Case No. 411 of 2025) for alleged illegal sand excavation under Sections 303(2) and 317(2) of the B.N.S. The JCB, owned by Surendra Kumar, was seized during a raid, and the owner had earlier been granted anticipatory bail subject to a Rs.1,00,000 deposit. The petitioner argued that he was falsely implicated, has no criminal antecedent, and sought anticipatory bail. The Mines Department opposed the bail. The Court, noting the prior bail to the owner and the petitioner's clean record, granted anticipatory bail on a Rs.10,000 bond with two sureties and imposed conditions under Section 482(2) of the B.N.S.S. 2023, including appearance before the trial court and non‑tampering with witnesses.
Issues considered
- Whether the driver of the JCB is entitled to anticipatory bail under Section 482(2) of the B.N.S.S. 2023 despite the FIR under Sections 303(2) and 317(2).
- Whether the prior grant of anticipatory bail to the JCB owner influences the petitioner's bail application.
- Whether the conditions imposed for bail are appropriate and lawful.
Legislation cited
- B.N.S.S., 2023 — s. 303(2), 317(2), 482(2)
Subjects
- anticipatory bail
- illegal sand mining
- B.N.S.S. 2023
- driver
- bail conditions
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11262 of 2026
Arising Out of PS. Case No.-411 Year-2025 Thana- NAWADA MUFFASIL District- Nawada
======================================================
Balmiki Chauhan Son of Faudari Chauhan Resident of Village- Aamipur, P.S.-
Mufassil, District- Nawada
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Deepak Kumar, Adv.
For the Mines Dept. : Mr. Naresh Dikshit, Adv.
Mr. Brij Bihari Tiwary, Adv.
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
3 01-04-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the Mines Department.
2. This application, for grant of anticipatory bail,
arises out of Mufassil Police Station Case No. 411 of 2025,
dated 25.09.2025, disclosing the offences punishable under
Section 303(2), 317(2) of the BNS lodged by the Informant.
3. The prosecution case, as per the First Information
Report, is that on 25.09.2025, the police proceeded for day
patrolling and received an information that at Dhanarjay river,
sand is being excavated by JCB machine and being loaded on
tractors near village, Sikandarpur. Thereafter, a raid was
conducted, the accused persons managed to escape but the JCB
machine was recovered on the spot. This led to the FIR.
Patna High Court CR. MISC. No.11262 of 2026(3) dt.01-04-2026
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4. Learned counsel for the petitioner submits that
during course of raid, the JCB machine of the co-accused
Surrendra Kumar of which the petitioner is a driver, was found
to be involved in excavation near Dhanarjay river and the sands
were being loaded on the tractors for which the FIR is said to
have been lodged against this petitioner and the owner of the
alleged JCB. The petitioner happens to be the driver of the
alleged JCB, who has been falsely implicated in this case for
ulterior reasons. The JCB was actually engaged in making
excavation as per the requirement of the brick kiln owner but, as
per allegation, the same is exceeded its jurisdiction and was
found involved in the illegal excavation of sand from the river.
The owner of the JCB, namely, Surendra Kumar had earlier
moved before this Court with a prayer for grant of anticipatory
bail and, this Court, vide order dated 24.02.2026 passed in Cr.
Misc. No. 10216 of 2026, granted privilege of anticipatory bail
to him, subject to payment of Rs. 1,00,000/- (one lack) to be
deposited before the Mining Officer/Assistant Mining Officer
without accepting his guilt.
5. Learned counsel for the Mines Department appears
in this case and opposes the prayer for anticipatory bail of the
petitioner.
Patna High Court CR. MISC. No.11262 of 2026(3) dt.01-04-2026
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6. Regard being had to the submissions advanced on
behalf of the parties and taking into consideration that the owner
of the alleged JCB has already been granted privilege of
anticipatory bail by this Court and the fact that the petitioner
bears no criminal antecedent, let the petitioner, who is a driver
of the JCB, in the event of his arrest or surrender before the
Court below within six weeks from today, be released on bail on
furnishing bail bond of Rs. 10,000/- (ten thousand) with two
sureties of the like amount each to the satisfaction of learned
Additional Chief Judicial Magistrate-1, Nawada in connection
with Mufassil P.S. Case No. 411 of 2025, subject to the
conditions as laid down under Section 482 (2) of the B.N.S.S.
2023, as well as the following conditions:-
(i) one of the bailors should be the family
member/relative of the petitioner(s) who shall provide official
document to show his bona fide;
(ii) the petitioner(s) shall 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 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,
Patna High Court CR. MISC. No.11262 of 2026(3) dt.01-04-2026
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failing which the State shall be at liberty to take steps for
cancellation of the bail
(iv) the petitioner(s) shall desist from committing any
criminal offence again, failing which the State shall be at liberty
to take steps for cancellation of his bail bonds.
(Ajit Kumar, J)
rishi/-
U T
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