Patna High Court
Amarjeet Singh @ Amarjit KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
Anticipatory bail was granted as the petitioner’s alleged involvement was limited to ownership of the vehicle and no evidence showed his knowledge of the illegal activity.
Summary
The petitioner, Amarjeet Singh, was named in an FIR for alleged involvement in illegal sand mining, specifically for transporting sand in a truck he owned. He contended that he had no knowledge of the truck's use for illegal activities and had no prior criminal record. The State opposed his application for anticipatory bail, citing the seriousness of offences under Sections 379 and 411 of the IPC and related statutory provisions. The court examined whether ownership of the vehicle alone sufficed to justify denial of bail and considered the applicability of Section 438(2) of the Cr.P.C. and Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita. Concluding that the prima facie case was limited to ownership and that there was no evidence of the petitioner’s knowledge, the court granted anticipatory bail subject to a bond and sureties. The order directed the petitioner to surrender within four weeks and comply with the bail conditions.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 438 of the Cr.P.C. despite being the owner of the vehicle used in the alleged illegal sand transport
- Whether ownership of the truck alone establishes sufficient participation in the offences under IPC Sections 379 and 411
- Applicability of Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita in granting bail
Legislation cited
- Bhartiya Nagarik Suraksha Sanhita — s. 482(2)
- Bihar (CPIMTS) Amendment Rule 2021 — s. Rule 5(1), Rule 56(2)
- Criminal Procedure Code — s. 438(2)
- Indian Penal Code — s. 379, 411
- Prevention of Damage of Public Property Act — s. 3, 4
Subjects
- anticipatory bail
- illegal sand mining
- vehicle ownership
- IPC 379
- IPC 411
- Section 438 CrPC
- Section 482 B.N.S.S.
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36689 of 2026
Arising Out of PS. Case No.-271 Year-2023 Thana- KOILWAR District- Bhojpur
======================================================
Amarjeet Singh @ Amarjit Kumar Son of Balmukun Singh Resident of
Village- Jalpura Tapa, P.S.- Koilwar, District- Bhojpur
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr.Shiv Prasad Gupta, Advocate
For the Opposite Party/s : Mr.Ashok Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 16-06-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The accused-petitioner, named in the F.I.R., is
apprehending his arrest in connection with Koilwar P.S.
Case No. 271 of 2023 registered for the offences punishable
under Sections 379, 411 of the Indian Penal Code and BM
(CPIMTS) Amendment Rule 2021, Rule 5(1), 56(2) and 3/4
of the Prevention of Damage of Public Property Act.
3. As per FIR, a Truck bearing Chassis No.
BIHTLHD4HRDT1279, which belongs to the petitioner,
was involved in carrying of illegal sand excavated out of
illegal mining.
4. Learned counsel appearing on behalf of the
petitioner submitted that petitioner implicated with the
Patna High Court CR. MISC. No.36689 of 2026(2) dt.16-06-2026
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present crime in question qua carrying of consignment of
illegal sand only for the reason that he was the owner of the
alleged truck.
5. It is further submitted that nothing surfaced during
course of investigation or out of disclosure that petitioner
was under knowledge that his truck was involved in
carrying of consignment of illegal sand.
6. It is pointed out that petitioner has no criminal
antecedent prior to lodging the present FIR, but
subsequently thereafter another case was lodged against
him.
7. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
8. In view of the aforesaid factual submissions and
by taking note of the fact as implication of this petitioner
with present crime in question prima facie is only for the
reason that he is the owner of the alleged truck which found
involved in carrying of consignment of illegal sand,
accordingly, above-named petitioner, in the event of his
arrest/surrender within a period of four weeks from this
order, is directed to be enlarged on bail on furnishing of bail
Patna High Court CR. MISC. No.36689 of 2026(2) dt.16-06-2026
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bond of Rs.10,000/- (ten thousand only) with two sureties
of the like amount each to the satisfaction of learned Chief
Judicial Magistrate, Bhojpur at Ara/concerned court in
connection with Koilwar P.S. Case No. 271 of 2023, subject
to the conditions as laid down under Section 438(2) of the
Cr.P.C/Section 482(2) of the Bhartiya Nagarik Suraksha
Sanhita (in short “B.N.S.S.”).
(Chandra Shekhar Jha, J)
Rajeev/-
U T
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