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Patna High Court

Sangam Lohara @ Sangam LoharversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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
                                            2/3




          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
                                                        3/3




                      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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