Kundan Kumar RayversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.15417 of 2026
                        Arising Out of PS. Case No.-92 Year-2025 Thana- JALALPUR District- Saran
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           1.     Kundan Kumar Ray S/o Jayprakash Ray R/o vill and P.S.- Sitalpur Bazar,
                  Distt.- Saran
           2.    Manuj Kumar S/o Shambhu Nath Singh R/o House no. E 345, Block E,
                 Sector 15, Noida, P.S.- Noida, Distt.- Gautambuddha Nagar, U.P. at present
                 residing at vill- Bilashpur, Maghri, ward no. 5, P.S.- Maharajganj, Distt. -
                 Siwan
           3.    Pratik Kumar S/o Vijay Kumar Mishra R/o vill - Sarsaiyan, P.O.- Saghar
                 Sultanpur, P.S.- Bhagwanpur Hat, Distt.- Siwan

                                                                                   ... ... Petitioner/s
                                                        Versus

           1.    The State of Bihar
           2.    Bihar Mines and Geology Deptt. through its Director, Bihar, Patna

                                                        ... ... Opposite Party/s
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                 Appearance :
                 For the Petitioner/s     :        Mr. Dineshwar Prasad Singh, Advocate
                 For the Opposite Party/s :        Mr. Rajendra Nath Jha, A.P.P
                 For the Mines Deptt.     :        Mr. Naresh Dikshit, Spl. P.P Mines
                                                   Ms. Shruti Singh, Advocate
                                                   Mr. Utkarsh Pathak, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

2   25-03-2026                  Heard learned counsel for the petitioners, learned APP

                   for the State and learned Spl. P.P for the Mines Department.

                                2. The petitioners are apprehending arrest in

                   connection with Jalalpur P.S. Case No. 92 of 2025 lodged on

                   20.05.2025, for the offence punishable under Sections 303(2) &

                   317(2) of the Bharatiya Nyaya Sanhita, 2023.

                                3. As per the prosecution, FIR has been lodged against

                   three named accused persons. The informant along with other
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          officials conducted a raid near Mangalapur Canal under Jalalpur

          police station and saw three vehicles loaded with stone chips,

          but in course of reaching near the vehicles, three drivers

          succeeded in fleeing. Subsequently, three drivers were arrested

          and those drivers and vehicles brought to the police station and

          seizure list was prepared.

                       4. Learned counsel for the petitioners submit that the

          petitioners are innocent and have committed no offence.

          Counsel submits that the petitioners are the owners of the

          vehicles from which the illegal stone chips have been recovered.

          He submits that the alleged wrong has been done by the driver

          and khalasi and the petitioners have unnecessarily been made

          accused in this case. Counsel further submits that the petitioner

          nos.1 and 2 have clean antecedent, whereas, the petitioner no.3

          has one case pending against him in which he is on bail.

                       5. Learned APP for the State opposes the prayer for

          bail of the petitioner.

                       6. Upon the specific query of the court, counsel for

          the Mines department informed to this Court that the imposed

          fine amount upon petitioner no.1 is Rs.8,37,205/- whose vehicle

          number is BR06GB8651; the imposed fine amount upon

          petitioner no.2 is Rs.8,37,205/- whose vehicle number is
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          BR01GM6229, and the imposed fine amount upon petitioner

          no.3 is Rs.8,47,835/- whose vehicle number is BR04GB7411.

                       7. Learned counsel for the Mines Department submits

          that upon payment of the aforesaid fine amounts, the department

          has no objection if bail is granted to the petitioners.

                       8. As such, in the present facts and circumstances of

          this case, let the above named petitioners be released on

          anticipatory bail, in the event of arrest or surrender before the

          Trial Court within a period of 6 weeks from today, on furnishing

          bail bond of Rs.30,000/- (Rupees Thirty Thousand) each as

          mentioned in Section 2(1)(d) of the B.N.S.S., 2023 to the

          satisfaction of Chief Judicial Magistrate, Saran, Chapra, in

          connection with Jalalpur P.S. Case No. 92 of 2025, subject to

          the conditions as laid down U/s 482(2) of the B.N.S.S., 2023.

                       9. It is made clear that the trial court shall accept the

          bail bonds of the petitioners only on production of substantial

          proof showing that they have deposited the imposed fine

          amounts before the authority concerned as mentioned in the

          Letter no.587 dated 25.03.2026 issued by the Assistant Director,

          District Mines Officer, Saran, Chapra which has been produced

          by the learned Spl. P.P for the Mines, as under:-

                       • Petitioner no.1 (BR06GB8651)= Rs.8,37,205/-
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                                    • Petitioner no.2 (BR01GM6229)= Rs.8,37,205/-

                                    • Petitioner no.3 (BR04GB7411)= Rs.8,47,835/-



                                                                      (Dr. Anshuman, J)
Divyansh/-

U      T