Patna High Court
Ganpati MahtoversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
Bail is granted to the petitioner subject to the conditions prescribed under the CrPC and BNSS.
Summary
Ganpati Mahto, a transport operator, faced arrest in a case concerning an overloaded truck and an invalid challan, with alleged violations under the Bharatiya Nyaya Sanhita, Bihar Minerals Rules and the Mines and Minerals Act. The prosecution sought his custody, while the petitioner had already paid a fine of Rs.78,500 to the Transport Department. He applied for bail, arguing that the fine had been discharged and that he should not be detained pending trial. The Court examined the statutory provisions and the fact that the fine was paid, and found no justification for continued detention. Accordingly, the Court allowed the bail application, directing release upon furnishing a bail bond of Rs.10,000 with two sureties, subject to conditions under Section 482 of the BNSS and Section 438(2) of the CrPC.
Issues considered
- Whether the petitioner is entitled to bail in connection with the alleged offences under Sections 303(2) and 317(2) of the Bharatiya Nyaya Sanhita and related mining statutes.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 303(2), 317(2)
- Code of Criminal Procedure, 1973 — s. 438(2), 482
- Mines and Minerals (Regulation and Development) Act, 1957 — s. 21, 4(1)(A)
Subjects
- bail
- overloading
- illegal mining
- Bharatiya Nyaya Sanhita
- Criminal Procedure Code
- transport law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.81591 of 2025
Arising Out of PS. Case No.-104 Year-2025 Thana- RISIYAP District- Aurangabad
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Ganpati Mahto Son of Bandhan Mahto Resident of village- chand Dumar ,
P.s.- Kuru Distrcit- Lohardaga, Jharkhand
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Binay Kumar Singh, Advocate
For the State : Mr.Dilip Kumar No. 1, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 13-03-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends arrest in connection
with Risiup P.S. Case No. 104 of 2025 instituted under
Sections 303(2) and 317(2) of the Bharatiya Nyaya Sanhita;
Section 56 of the Bihar Minerals (Concession, Prevention of
Ilegal Mining, Transportation & Storage) Rules, 2019 and
Section 4(1)(A) and 21 of the Mines and Minerals (Regulation
and Development) Act, 1957.
3. As per prosecution case, the truck of the petitioner
was overloaded and upon inspection, the challan was found to
be invalid.
4. Learned counsel for the petitioner submits that the
fine of Rs.78,500/- imposed upon the petitioner for overloading
Patna High Court CR. MISC. No.81591 of 2025(3) dt.13-03-2026
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has been deposited in the Transport Department.
5. Considering the aforesaid facts, this application is
allowed.
6. Accordingly, in the event of arrest or surrender
before the Court below within six weeks from today, the
petitioner, above named, be released on bail upon furnishing
bail bonds of Rs.10,000/- (ten thousand) with two sureties of the
like amount each to the satisfaction of the learned Chief Judicial
Magistrate, Aurangabad/ concerned Court in connection with
Risiup P.S. Case No. 104 of 2025, subject to the conditions laid
down in Section 482 of the BNSS/ 438(2) of the Code of
Criminal Procedure, 1973.
(Sandeep Kumar, J)
P. Kumar
U T
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