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Patna High Court

Arun Kumar Keshari @ Arun KeshriversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail to the petitioners subject to specified conditions under Section 482(2) of the BNSS.

Summary

The petitioners, owners of two trucks seized for allegedly transporting coal without permits, were charged under Sections 303(2) and 317(2) of the Bhartiya Nyaya Sanhita. They claimed innocence, arguing that only the drivers operated the vehicles and that the case pertained merely to regulatory violations under the Mines and Minerals (Development and Regulation) Act. The petitioners offered to deposit Rs. 1,00,000 each with the Mines Department and sought anticipatory bail. The court considered the readiness to pay the amount and the applicability of Section 482(2) of the BNSS. It granted anticipatory bail, directing the petitioners to furnish a bail bond of Rs. 10,000 each with two sureties and to comply with several conditions, including the deposit, appearance before the trial court, and non‑interference with witnesses. The bail was conditioned on compliance, and failure to do so would lead to cancellation.

Issues considered

  • Whether anticipatory bail can be granted to the owners of the seized trucks under Section 482(2) of the Bhartiya Nyaya Sanhita.
  • Whether the willingness to deposit Rs. 1,00,000 with the Mines Department suffices as a condition for granting anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • illegal coal transport
  • seizure of vehicles
  • BNSS
  • Section 482
  • Mines and Minerals Act
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.11275 of 2026
                     Arising Out of PS. Case No.-121 Year-2025 Thana- RISIYAP District- Aurangabad
                 ======================================================
           1.     Arun Kumar Keshari @ Arun Keshri Son of Bharat Saw R/o Murpa
                  Kasiyadih, P.S. - Balumath, Distt .- Latehar, Jharkhand.
           2.    Bhuneshwar Lohara S/o Akal Lohar R/o Village - Ganeshpur, Chamtu, P.S. -
                 Balumath, Dist. - Latehar, Jharkhand.

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Sanjay Kumar, Advocate
                 For the Opposite Party/s :       Mrs. Pushpa Sinha, Advocate
                                                  Mr. Naresh Dikshit, Spl. PP
                                                  Mr. Brij Bihari Tiwary, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
                                       ORAL ORDER

3   01-04-2026                        Heard learned counsel for the petitioners, learned

                   counsel for the Mines Department and learned APP for the

                   State.

                                   2. The petitioners are apprehending their arrest in

                   connection with Risiup P.S. Case No.121 of 2025 dated

                   25.10.2025, registered for the offence punishable under Sections

                   303(2), 317(2) of the Bhartiya Nyaya Sanhita.

                                   3. As per the FIR, on 19.10.2025, two trucks

                   bearing Registration Nos. JH19B-3331 and WB59C-9433 were

                   intercepted while allegedly transporting coal without valid

                   permits or documents. The vehicles were seized, and it is

                   alleged that they were overloaded and operating without valid
Patna High Court CR. MISC. No.11275 of 2026(3) dt.01-04-2026
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          transport challans.

                          4. Learned counsel for the petitioners submits that

          the petitioners are innocent and have been falsely implicated in

          this case. They have no criminal antecedents. It is further

          submitted that the trucks in question were being driven by

          drivers, and merely on the basis that the petitioners are the

          owners of the seized trucks bearing Registration Nos. JH19B-

          3331 and WB59C-9433 respectively, they have been implicated

          in this case. It is also submitted that the allegations, at best,

          suggests violation of regulatory provisions of the Mines and

          Minerals (Development and Regulation) Act.

                          5. It is further submitted that the trucks in question

          have been seized, and the petitioners, without accepting their guilt,

          propose to deposit Rs. 1,00,000/- (Rupees One Lakh) each before

          the authorized officer of the Mines Department, which may be

          adjusted against the quantified liability at the time of release of

          their respective vehicles in question.

                          6. On the other hand, learned counsel representing

          the Mines Department submits that since the petitioners are

          ready to deposit the said amount, the privilege of anticipatory

          bail may be extended to them, subject to such payment.

                          7. Considering that the petitioners have voluntarily

          agreed to deposit Rs. 1,00,000/- each in the Mines Department,
Patna High Court CR. MISC. No.11275 of 2026(3) dt.01-04-2026
                                            3/4




          let the above named petitioners, be released on bail, in the event

          of their 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) each with two sureties

          of the like amount each to the satisfaction of the learned C.J.M.,

          Aurangabad/Successor Court in connection with Risiup P.S.

          Case No.121 of 2025, subject to the conditions as laid down

          under Section 482(2) of the BNSS as well as the following

          conditions:

                       (i) The petitioners shall deposit Rs. 1,00,000/-

          (Rupees One Lakh) each with the Mines Department and shall

          produce the receipt of such deposit before the learned Court

          below at the time of furnishing their bail bonds, failing which

          they shall not be entitled to the privilege of bail.

                       (ii) 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;

                       (iii) 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/her/their bail bond by the Trial Court itself;

                       (iv) the petitioner(s) shall in no way try to induce or
               Patna High Court CR. MISC. No.11275 of 2026(3) dt.01-04-2026
                                                           4/4




                         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;

                                      (v) 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 their bail bonds.



                                                                       (Ajit Kumar, J)

shikha/-

U          T


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