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Patna High Court

Amarjeet Singh @ Amarjit KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
                                                       3/3




                     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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