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Patna High Court

Pintu SinghversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

The court denied pre‑arrest bail to the petitioners.

Summary

The petitioners, Pintu Singh (owner) and Nagendra Kumar (driver), sought pre‑arrest bail after being implicated in a case under sections 303(2), 317(2) and 3(5) of the BNS and section 21 of the Mines and Minerals (Regulations and Development) Act, 1957 for allegedly transporting coal without a valid challan. The prosecution alleged that on 19‑09‑2025 several trucks, including the one driven by the second petitioner, were seized loaded with large quantities of coal and that the fine of Rs 58,500 paid for overloading indicated participation in the illegal activity. The petitioners contended that the allegation of transporting coal without a challan was false and that the fine had been paid to the District Transport Officer for overloading, not for any illegal transport, and that the challan presented by the State was forged. The State argued that the payment of the fine and the forged challan demonstrated the petitioners’ involvement. Considering the seriousness of the accusations, the alleged forgery, and the nature of the offences, the court rejected the petitioners’ prayer for pre‑arrest bail.

Issues considered

  • Whether the petitioners are entitled to pre‑arrest bail despite allegations of transporting coal without a valid challan and alleged forgery of the challan.
  • Whether the payment of an overloading fine constitutes sufficient ground to deny bail.

Legislation cited

Subjects

  • pre‑arrest bail
  • overloading
  • transport of coal without challan
  • forgery
  • Mines and Minerals Act
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.83073 of 2025
                      Arising Out of PS. Case No.-442 Year-2025 Thana- BARUN District- Aurangabad
                 ======================================================
           1.     Pintu Singh W/O- Sujit Kumar Singh R/O Village-Jamalpur, P.S- Ballia,
                  District-Ballia (Uttarpradesh).
           2.    Nagendra Kumar @ Narendra Kumar Yadav @ Narendra Yadav S/O-
                 Parshuram Yadav R/O Village-Maniyar, P.S-Maniyar, District-Ballia
                 (Uttarpradesh)

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mrs. Mukul Kumari , Advocate
                 For the Opposite Party/s :       Mr. Parmanand Kumar , APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   05-01-2026                     Heard learned counsel for the petitioners and the

                   State .

                                2. Petitioners apprehends 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
Patna High Court CR. MISC. No.83073 of 2025(2) dt.05-01-2026
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          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

          petitioner No. 1 is owner and petitioner No. 2 is driver of the

          seized Truck bearing Reg. No. UP 60AT 2885 which was seized

          by the informant loaded with 56395 kg Coal, without having

          valid challan . Petitioner No. 2, who is driver of the aforesaid

          vehicle has already deposited the fine amount of Rs. 58500/-

          which was imposed by the District Transport Officer,

          Aurangabad          through e-Challan bearing, Challan No. BR

          8742250920143724 on 20.09.2025 for overloading. It is further

          submitted that allegation of transportation of coal without

          having challan is absolutely false against these petitioners.

                       5 . Learned counsel for the State opposed the prayer

          for bail and submitted that petitioners have deposited an amount

          of Rs, 58500/- of over loading charges to the Transport

          Department, which prima facie indicated the involvement of

          these petitioners in the unlawful transportation activity and upon

          verification of the document produced (Challan) was found

          forged and fabricated.

                       6. Considering the nature of accusation and gravity of
            Patna High Court CR. MISC. No.83073 of 2025(2) dt.05-01-2026
                                                        3/3




                      offence and other circumstances of the case , prayer for pre-

                      arrest bail of the petitioners is rejected.



                                            (Prabhat Kumar Singh, J)
Koushik/-

U      T


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