Patna High Court
Ashok Kumar KushwahaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The Court allowed bail to petitioners 1‑3 subject to payment of Rs 4,70,000 and a bail bond, and dismissed the bail application of petitioner 4.
Summary
The petitioners, four individuals, feared arrest in connection with Patkhauli Police Station Case No. 74 of 2025, which alleged offences under several sections of the Bihar Negotiable Instruments Act, the Mines and Minerals (Development and Regulation) Act, 1957, and Bihar Minerals Rules, 2019, for allegedly producing forged challans to release a truck. The petitioners applied for bail; one petitioner (No. 4) withdrew his application. Petitioners 1‑3 offered to deposit Rs 4,70,000 with the Mineral Development Officer, Bettiah, and to furnish a bail bond of Rs 10,000 with two sureties. The High Court, after considering the deposit offer, granted bail to petitioners 1‑3 subject to the payment receipt and bond conditions, and dismissed the application for petitioner 4. The order was made under Section 438(2) of the CrPC and Section 482 of the Bihar Negotiable Instruments Act.
Issues considered
- Whether bail can be granted to the accused pending trial for offences under the Mines and Minerals Act, Bihar Minerals Rules and the Bihar Negotiable Instruments Act.
- Whether the deposit of Rs 4,70,000 with the Mineral Development Officer satisfies the conditions for bail.
Legislation cited
- Bihar Negotiable Instruments Act (BNSS) — s. 303(2), 316(2), 317(2), 318(4), 336(3), 338, 3(5), 482, 61(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
- Mines and Minerals (Development and Regulation) Act, 1957 — s. 21
Subjects
- bail
- forged challans
- illegal mining
- Mines and Minerals Act
- Bihar Minerals Rules
- Criminal Procedure Code
- pre‑trial detention
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.51237 of 2025
Arising Out of PS. Case No.-74 Year-2025 Thana- PATKHAULI District- West Champaran
======================================================
1. Ashok Kumar Kushwaha S/o- Lalan Pd. Kushwaha Village- Bhawanipur
PS-Kesariya Distt- East Champaran
2. Ravi Raushan Kumar S/o- Late Ashok Kumar Village- Dhekaha PS-Motihari
Town Distt- East Champaran
3. Dinesh Kumar Yadav S/o- Lakshman Ray Village- Dewapur Parsa PS-
Kalyanpur Distt- East Champaran
4. Munna Kumar @ Munna Kumar Kushwahan S/o- Nishikant Kushwaha
Village- Nayagawan PS-Kesariya Distt- East Champaran
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajesh Kumar Singh, Sr. Adv.
Mr.Kundan Rathore Alias Kundan Kumar
For the Opposite Party/s : Mr.Ganesh Prasad Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
6 19-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioners apprehend their arrest in
connection with Patkhauli P.S. Case No. 74 of 2025 registered
for the offence under Sections 338, 336(3), 303(2), 317(2),
316(2), 318(4), 61(2), 3(5) of the BNS, under Section 21 of the
Mines and Minerals (Development and Regulation) Act, 1957
under Sections 11, 43, 56 of the Bihar Minerals (Concession,
Prevention of Illegal Mining, Transportation and Storage) Rules,
2019.
Patna High Court CR. MISC. No.51237 of 2025(6) dt.19-02-2026
2/3
3. As per the prosecution case, the petitioner sare
accused of producing forged challans for released of the truck.
4. Learned senior counsel for the petitioners, at the
very outset, prays for and is permitted to withdraw this
application filed on behalf of petitioner no. 4.
5. Accordingly, this application is dismissed with
regard to petitioner no. 4.
6. So far as petitioner nos. 1 to 3 are concerned
they are ready to deposit the entire amount Rs. 4,70,000/- with
the Mineral Development Officer, Bettiah.
7. Considering the aforesaid facts, this application
is allowed with regard to petitioner nos. 1 to 3.
8. Let the petitioner nos. 1 to 3, above named, in
the event of their arrest or surrender before the concerned Court
below within four weeks from today, be released on bail on
furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two
sureties of the like amount each to the satisfaction of the learned
Chief ACJM-1st, Bagaha, West Champaran/concerned Court
below in connection with Patkhauli P.S. Case No. 74 of 2025,
subject to the conditions laid down in Section 438(2) of the
Code of Criminal Procedure, 1973 / Section 482 of the BNSS.
9. As a condition of this order, it is made clear that
Patna High Court CR. MISC. No.51237 of 2025(6) dt.19-02-2026
3/3
the bail bonds of the petitioners shall only be accepted only if
they produce the receipt of payment of Rs. 4,70,000/- with the
Mineral Development Officer, Bettiah in the Court below.
(Sandeep Kumar, J)
Vikas/-
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