Patna High Court

Prabhat Kumar Sao @ Prabhat Kumar SahuversusThe State of Bihar

Decided: 27 April 2026
Disposal: BAIL REJECTED
Bench: PRABHAT KUMAR SINGH

Holding

The court denied bail to the petitioners, holding that the seriousness of the alleged illegal mining and the alleged forgery of documents warranted denial of pre‑arrest bail.

Summary

The petitioners, three individuals involved in the transport of coal, sought bail after being implicated in a case under sections 303(2), 317(2) and 3(5) of the BNS and section 21 of the Mines and Minerals (Regulations and Development) Act, 1957. The prosecution alleged that on 19-20 September 2025, several trucks owned or driven by the petitioners were seized for carrying coal without valid challans, and that the challan documents presented were forged. The petitioners contended that they were the owners/drivers of the trucks, possessed all requisite paperwork, and had clean antecedents, denying any illegal mining. The State argued that the offence involved serious illegal mining and that the documents were fabricated, opposing bail. Considering the seriousness of the allegations and the alleged forgery, the court rejected the petitioners' bail application.

Issues considered

Whether bail should be granted to the accused in a case of alleged illegal mining and transportation of coal without valid challans.
Whether the documents produced by the accused are genuine or forged.

Legislation cited

BNS — s. 303(2), 317(2), 3(5)
Mines and Minerals (Regulations and Development) Act, 1957 — s. 21

Subjects

bail
illegal mining
forged documents
Mines and Minerals Act
criminal procedure
pre‑arrest bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.14079 of 2026
                      Arising Out of PS. Case No.-442 Year-2025 Thana- BARUN District- Aurangabad
                 ======================================================
           1.     Prabhat Kumar Sao @ Prabhat Kumar Sahu S/o Badri Prasad Sao R/o
                  Village - Chamatu, P.S - Balumath, District - Latehar
           2.    Santosh Rana S/o Hari Rana R/o Village - Sheragada, P.S - Balumath,
                 District - Latehar (Jharkhand)
           3.    Dinesh Yadav S/o Baleshwar Yadav R/o Village - Sheragada, P.S -
                 Sheragada, District - Latehar (Jharkhand) R/o Village - Bukru, P.S -
                 Shergada, District - Latehar (Jharkhand)

                                                                                   ... ... Petitioner/s
                                                       Versus
           1.    The State of Bihar
           2.    The Mines Inspector, District Mines and Minerals Office, Aurangabad, P.S -
                 Aurangabad (T), District - Aurangabad, Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Shivnandan Bharti, Advocate
                 For the Opposite Party/s :       Mr. Syed Mojibur Rahman, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   27-04-2026                  Heard learned counsel for the petitioners and the

                   State.

                                2. Petitioners apprehends arrest in a case registered

                   for the offence punishable under sections 303 (2), 317 (2) and 3

                   (5) of BNS and section 21 of Mines and Minerals ( Regulations

                   and Development ) Act 1957.

                                3. As per the prosecution case, on 19.09.2025 and

                   20.09.2025, informant seized three mines loaded truck due to

                   invalid challan. Different trucks bearing JH02BF5541 loaded

                   with 69230kg, JH02BU 1819, loaded with 58325 kg mines,
Patna High Court CR. MISC. No.14079 of 2026(2) dt.27-04-2026
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          JH02Bu6638 loaded with 53890 kg mines, JH02AT8571 loaded

          with 41519 Kg mines, JH02BP 3918 loaded with 49950 kg

          mines, JH19F0287 loaded with 69005 kg mines, JH19E1057

          loaded with 66715 kg mines, UP60AT 2885 loaded with 56395

          kg, mines.

                       4. Learned counsel for the petitioners submits that

          petitioner no. 1 is the driver and owner of the truck bearing

          registration no. JH02BF5541 and the petitioner No. 2, is the

          owner of the truck bearing registration no. JH19F5845 and

          petitioner no. 3 is the driver of the truck bearing registration no.

          Jh19F5845. It          is further       submitted that allegation of

          transportation of coal without having challan is absolutely false

          against these petitioners. Petitioners have all relevant papers of

          their trucks and the loaded coal. Petitioners claim clean

          antecedent.

                       5 . Learned counsel for the State opposed the prayer

          for bail and submitted that the case involves serious allegation

          of illegal mining and transportation of minerals. Upon

          verification, the documents produced (challan) were found to be

          forged and fabricated.

                       6. Considering the nature of accusation and gravity of

          offence and other circumstances of the case, prayer for pre-
            Patna High Court CR. MISC. No.14079 of 2026(2) dt.27-04-2026
                                                        3/3




                      arrest bail of the petitioners is rejected.



                                            (Prabhat Kumar Singh, J)
khushbu/-

U      T

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