Patna High Court
Krishna Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Bail was granted to the petitioners subject to a cash bond, sureties and specific deposit conditions.
Summary
The petitioners, who were drivers or owners of several trucks loaded with mineral ore, were arrested after the police seized the trucks on 19 September 2025 for operating without valid challans. They faced charges under sections 303(2), 317(2), 3(5) of the Bharatiya Nagarik Suraksha Sanhita and section 21 of the Mines and Minerals (Regulations and Development) Act, 1957. The petitioners contended that they were merely following the owners' directions and had clean antecedents. The State opposed bail, arguing the seriousness of the offences. The High Court, considering their clean record and the circumstances, granted bail to each petitioner on a bond of Rs 10,000 with two sureties, and imposed conditions including a deposit of Rs 5 lakh each in the court's Nazarat and the balance within six months. The order was limited to bail and did not address the merits of the criminal case.
Issues considered
- Whether bail should be granted to the accused drivers/owners charged under sections 303(2), 317(2), 3(5) of BNS and section 21 of the Mines and Minerals Act for operating trucks without valid challans
- What conditions, if any, may be imposed on bail in such offences
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 303(2), 317(2), 3(5), 482(2)
- Mines and Minerals (Regulations and Development) Act, 1957 — s. 21
Subjects
- bail
- invalid challan
- mining regulations
- criminal procedure
- Bharatiya Nagarik Suraksha Sanhita
- Mines and Minerals Act
- sections 303, 317, 3, 21
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.82735 of 2025
Arising Out of PS. Case No.-442 Year-2025 Thana- BARUN District- Aurangabad
======================================================
1. Krishna Kumar Singh S/o Nagendra Mahto Resident OF Kargali No. 3,
Dhoura, PS- Bermo, District- Bokaro, Jharkhand
2. Gurdev Singh @ Gunudeo Singh S/o Yugal Singh Resident OF M/Q 244,
Purana Subhash Nagar, P.S.- Bermo, Distt.- Bokaro, Jharkhand
3. Krishna Mahto S/o Nagendra Mahto Resident OF Kargali NO 3, Dhoura,
PS- Bermo, District- Bokaro Jharkhand
... ... Petitioner/s
Versus
1. The State of Bihar
2. The Mines Inspection, Distt. Mines and Minerals office, Aurangabad, P.s.-
Aurangabad, Distt.- Aurangabad
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 83087 of 2025
Arising Out of PS. Case No.-442 Year-2025 Thana- BARUN District- Aurangabad
======================================================
1. Lalan Kumar Singh Son of Late Surajdeo Singh Resident of Ghutiya Tadh
Colony, P.O.- Bermo, P.S.- Bermo, District - Bokaro (Jharkhand).
2. Amit Kumar Verma Son of Amarnath Verma Resident of 1B/178 Subash
Nagar Ward No.- 6, P.O.- Amla, P.S.- Bermo, District - Bokaro (Jharkhand).
3. Sujit Kumar Singh Son of Hawaldar Singh Resident of 1/A 32 Subash
Nagar, P.O.- Amla, P.S.- Bermo, District - Bokaro (Jharkhand).
... ... Petitioner/s
Versus
1. The State of Bihar
2. The Mines Inspector, District Mines and Minerals Office, Aurangabad P.S-
Aurangabad(T), District- Aurangabad.
... ... Opposite Party/s
======================================================
Appearance :
(In CRIMINAL MISCELLANEOUS No. 82735 of 2025)
For the Petitioner/s : Mr. Rakesh Singh, Advocate
For the Opposite Party/s : Mr. Dilip Kumar No. 1, APP
For OP-2 : Mr. Mr. Naresh Dikshit (Spl. P.P. Mines)
Patna High Court CR. MISC. No.82735 of 2025(4) dt.25-06-2026
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Mr. Utkarsh Pathak, Advocate
(In CRIMINAL MISCELLANEOUS No. 83087 of 2025)
For the Petitioner/s : Mr. Rakesh Singh, Advocate
For the Opposite Party/s : Mr. Dr. Mrityunjaya Kr.Gautam, APP
For OP-2 : Mr. Mr. Naresh Dikshit (Spl. P.P. Mines)
Mr. Utkarsh Pathak, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
4 25-06-2026 Re- Cr. Misc. No. 82735 of 2025
Heard learned counsel for the petitioners and the
State .
2. The petitioners apprehend arrest in a case registered
for the offence punishable under sections 303 ( 2 ), 317 ( 2 ) and
3 (5) of BNS and section 21 of Mines and Minerals
( Regulations and Development ) Act 1957.
3. As per the prosecution case, on 19.09.2025 ,
informant seized three mines loaded truck due to invalid
challan. Different trucks bearing JH02BF5541 loaded with
69230kg, JH02BU 1819, loaded with 58325 kg mines,
JH02Bu6638 loaded with 53890 kg mines, JH02AT8571 loaded
with 41519 Kg mines, JH02BP 3918 loaded with 49950 kg
mines, JH19F0287 loaded with 69005 kg mines, JH19E1057
loaded with 66715 kg mines, UP60AT 2885 loaded with 56395
kg, mines.
4. Learned counsel for the petitioners submitted that
Patna High Court CR. MISC. No.82735 of 2025(4) dt.25-06-2026
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petitioners are drivers of the seized truck. He further submitted
that petitioners on the direction of owners of the seized truck
were officially driving the vehicle in question and they were not
aware that the consignments were without valid challan. He
further orally submitted that owner of the seized trucks are
responsible for not having valid challan of the seized vehicles.
Petitioners claim clean antecedent.
5. Learned counsel for State opposed the bail petition.
6. Considering the aforesaid facts, clean antecedent of
these petitioners and other circumstances of the case , in the
event of arrest or surrender within eight weeks from today, let
these petitioners, as named above, be enlarged on bail on
furnishing bail bond of Rs.10,000/-(ten thousand) each with two
sureties of the like amount each to the satisfaction of the learned
CJM Aurangabad in connection with Barun P.S. Case No. 442
of 2025, subject to the conditions laid down under section
482(2) of the Bharatiya Nagarik Suraksha Sanhita , 2023 .
Re- Cr. Misc. No. 83087 of 2025
Heard learned counsel for the petitioners and the
State .
2. The petitioners apprehendarrest in a case registered
Patna High Court CR. MISC. No.82735 of 2025(4) dt.25-06-2026
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for the offence punishable under sections 303 ( 2 ), 317 ( 2 ) and
3 (5) of BNS and section 21 of Mines and Minerals
( Regulations and Development ) Act 1957.
3. As per the prosecution case, on 19.09.2025 ,
informant seized three mines loaded truck due to invalid
challan. Different trucks bearing JH02BF5541 loaded with
69230kg, JH02BU 1819, loaded with 58325 kg mines,
JH02Bu6638 loaded with 53890 kg mines, JH02AT8571 loaded
with 41519 Kg mines, JH02BP 3918 loaded with 49950 kg
mines, JH19F0287 loaded with 69005 kg mines, JH19E1057
loaded with 66715 kg mines, UP60AT 2885 loaded with 56395
kg, mines.
4. Learned counsel for the petitioners submits that
petitioners No. 1 is owner of truck bearing Registration No.
JH02AT/8571, petitioner No. 2 is owner of truck bearing
registration No. JH05CY/9771 whereas petitioner No. 3 is
owner of truck bearing registration No. JH02BP-3918 and
without admitting their guilt and without prejudice to his right
and contention undertakes and are ready to deposit Rs. 31 lakhs
in installments within six months in the Nazarat of the
concerned Civil Court.
5 . Considering the aforesaid facts of the case, prayer
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for bail of these petitioners is allowed. In the event of
arrest/surrender within eight weeks from today, let the
petitioners, mentioned above, be enlarged on bail on furnishing
bail bond of Rs.10,000/- (ten thousand) each with two sureties
of the like amount each to the satisfaction of CJM Aurangabad
in connection with Barun P.S. Case No. 442 of 2025, subject
to the conditions laid down under section 482(2) of the
Bharatiya Nagarik Suraksha Sanhita, 2023 as well as on
following conditions:-
(i) At the time of furnishing bail bond, Rs. 5 lacs each
shall be deposited by the petitioners in the Nazarat of the Court
below.
(ii) Rest of the remaining amount shall be deposited
by these petitioners within six months thereafter.
(iii) If the petitioners fail to comply with the aforesaid
direction of this court, the court below shall be at liberty to
cancel the bail bonds of the petitioner.
6. It is made clear that without going into the merit
of the case, aforesaid order has been passed only for the
purpose of grant of bail and this deposit would be subject to
the final result of the criminal case .
7. However, petitioners are on liberty to file fresh and
Patna High Court CR. MISC. No.82735 of 2025(4) dt.25-06-2026
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separate application before the concerned Competent Authority
for release of their trucks in question.
(Prabhat Kumar Singh, J)
Koushik/Alok
Raj-
U T
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