Patna High Court
Sangam Lohara @ Sangam LoharversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The court granted bail to the petitioners subject to the conditions specified under Section 482(2) of the B.N.S.S.
Summary
The petitioners, two truck drivers, sought bail fearing arrest in a case registered under Sections 303(3) and 317(2) of the B.N.S. for transporting coal without a permit. They argued they were merely laborers unaware of any statutory requirements and had no involvement in illegal mining. The State and the Department of Mines opposed the bail, noting that the owners had paid a penalty of Rs.1,00,000 each and were released on anticipatory bail. The court considered the petitioners' low‑risk profile, clean antecedents, and the nature of the alleged offence. It ordered that, if arrested, the petitioners may surrender within eight weeks and be released on bail of Rs.10,000 each with two sureties, subject to conditions under Section 482(2) of the B.N.S.S. and other stipulated terms. The bail was granted with conditions ensuring the petitioners' presence in court as required.
Issues considered
- Whether anticipatory bail should be granted to the drivers under Sections 303(3) and 317(2) of the B.N.S.
- Whether the nature of the alleged offence and the petitioners' role justify bail under Section 482(2) of the B.N.S.S.
Legislation cited
- B.N.S. — s. 303(3), 317(2), 482(2)
Subjects
- anticipatory bail
- illegal mining
- coal transportation without permit
- Section 482
- bail conditions
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14540 of 2026
Arising Out of PS. Case No.-121 Year-2025 Thana- RISIYAP District- Aurangabad
======================================================
1. Sangam Lohara @ Sangam Lohar Son of Ramsundar Lohara Resident of
Village -Bijara PS -Heranj Distt -Latehar Jharkhand
2. Pawan Kumar Lohara Son of Lakhan Lohara Resident of Village -Bijara PS
-Heranj Distt -Latehar Jharkhand
... ... Petitioner/s
Versus
1. The State of Bihar
2. Mining Inspector, Aurangabad, Bihar bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sanjay Kumar, Advocate
For the State : Mr.Pushpa Sinha, APP
For Deptt. of Mines : Ms. Shruti Singh, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 03-04-2026 Heard learned counsel for the petitioners and learned
APP for the State as well as learned counsel appearing on behalf
of Department of Mines.
2. In the present case, the petitioners are
apprehending their arrest in connection with Risiup P.S. Case
No. 121 of 2025 registered for the offences under Sections
303(3), 317(2) of B.N.S.
3. As per prosecution case, the petitioners were
found driving two trucks which were found carrying coal
without any permit or licence.
4. Learned counsel for the petitioners submits that
Patna High Court CR. MISC. No.14540 of 2026(2) dt.03-04-2026
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the petitioners are innocent and have falsely been implicated in
this case. The petitioners are merely drivers of the trucks and
they were unaware about the requirement of statutory
documents related to the coal carried out on their trucks. There
is no allegation against the petitioners that they were involved in
the illegal mining or transportation of the mineral. The
petitioners are poor labourers and they have been working on
the directions of their owner. There is no requirement of
custodial interrogation of the petitioners. The petitioners are
having clean antecedent.
5. Learned APP as well as learned counsel appearing
on behalf of Department of Mines vehemently oppose the
submission made on behalf of the petitioners. However, learned
counsel appearing on behalf of Department of Mines submits
that Rs.1,00,000/- each has been deposited by the owners as part
of the penalty amount and they have been enlarged on
anticipatory bail.
6. Having regard to the facts and circumstances and
submissions made on behalf of the parties and considering the
nature of job of the petitioners and further considering
the nature of offence alleged against the petitioners,
let the petitioners above named, in the event of their arrest or
Patna High Court CR. MISC. No.14540 of 2026(2) dt.03-04-2026
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surrender before the court concerned within a period of eight
weeks from today, be released on bail, on furnishing bail bonds
of Rs.10,000/- (Rupees Ten Thousand Only) each with two
sureties of the like amount each to the satisfaction of learned
Chief Judicial Magistrate, Aurangabad/concerned court in
connection with Risiup P.S. Case No. 121 of 2025, subject to the
condition as laid down under Section 482(2) of the B.N.S.S. and
other following conditions :
(i) One of the bailors will be a close
relative of the petitioners.
(ii) The petitioners will remain present
on each and every date fixed by the
court below, if so required by the
learned trial court.
(Arun Kumar Jha, J)
DKS/-
U T
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