Patna High Court
Ravi Raj KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
Anticipatory bail is granted to the petitioners subject to conditions under Section 482(2) of the BNSS.
Summary
The petitioners, Ravi Raj Kumar and Bijendra Kumar, were accused of overloading a sand‑laden truck in violation of Sections 318(4), 303(2), 317(2) and 3(5) of the BNS, 2023. They contended that the sand had a valid mining challan and that the total weight of the truck (41,070 kg) was below its permissible limit (42,000 kg), arguing that the FIR was lodged 24 days after the alleged incident and that they have clean antecedents. The State opposed the anticipatory bail. The Court, after considering the petitioners’ clean record, the weight calculations, the delay in filing the FIR and the petitioners’ willingness to cooperate, granted anticipatory bail subject to a bail bond of Rs 10,000 with two sureties and compliance with Section 482(2) of the BNSS, while reserving the right to cancel bail if the investigation is not cooperated with. The order directs the trial court to issue the bail bonds and to forward a copy to the concerned police station.
Issues considered
- Whether the petitioners are entitled to anticipatory bail despite the allegations of overloading under the BNS, 2023.
- Whether the delay in filing the FIR and the weight calculations justify granting bail.
Legislation cited
Subjects
- anticipatory bail
- overloading
- mining challan
- BNS 2023
- Section 482
- weight verification
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85742 of 2025
Arising Out of PS. Case No.-15 Year-2025 Thana- BUNIYAD GANJ District- Gaya
======================================================
1. Ravi Raj Kumar Son of Anil Yadav Resident of Village - Inayat Chak, Police
Station Mahkar and District - Gaya, Bihar.
2. Bijendra Kumar Son of Naresh Prasad Yadav Resident of Village Sakroudha
Tola, Tilak Bigha, Police Station Pali and District Jehanabad, Bihar.
... ... Petitioner/s
Versus
1. The State of Bihar
2. The Mineral Development Officer, Gaya. Bihar
3. The Mines Inspector, Gaya. Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Avinash Chandra, Advocate
For the Opposite Party/s : Mr. Nawal Kishore Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 15-01-2026 1. Heard learned counsel for the petitioners and learned
A.P.P. for the State.
2. The petitioners apprehend their arrest in a case
registered for the offences punishable under Sections 318(4),
303(2), 317(2) and 3(5) of the BNS, 2023.
3. Learned counsel for the petitioners submits that
petitioners are persons with clean antecedent. It is next submitted
that in sum and substance the allegation is that a truck loaded
with sand was brought to the police station and the informant,
Mines Inspector came to the police station and got the truck
weighed and gross weight of the truck was found 43320 kgs, thus,
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the weight exceeded by 9150 kgs and it was also found that the
GPS of the truck was interfered with, thus it is alleged that owner
of the truck might have overloaded the truck after getting the
mining challan.
4. Learned counsel for the petitioners submits that
petitioners have been falsely implicated in the instant case by the
informant, it is next submitted that what is not in dispute rather
stands admitted is that the sand which was found loaded on the
truck was having a valid mining challan, but then allegation is of
overloading. It is next submitted that weight of the empty truck is
12750 kgs and the quantity of sand found loaded on the truck was
28320 metric ton, as such the total weight of the truck with sand
was 41070 kgs which is under the normal weight of the truck i.e.
42000 kgs. It is next submitted that the truck also have spare
parts. It is next submitted that what causes aspersion on the case
of the prosecution is that the date of occurrence is 23.12.2024 and
the FIR came to be instituted on 16.01.2025 i.e. after a delay of
24 days. It is further submitted that petitioners will not abscond
rather will cooperate in the investigation to prove their innocence.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioners.
6. Considering the submissions made by the learned
counsel for the petitioners, the petitioners above-named, in the
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event of their arrest or surrender before the learned trial court
within a period of six weeks from today, be released on
anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees
Ten Thousand) each with two sureties of the like amount each to
the satisfaction of the learned trial court where the case is
pending/successor court in connection with Buniyadganj P.S.
Case No. 15 of 2025 subject to the conditions as laid down under
Section 482 (2) of the BNSS.
7. However, it is made clear that in the event if the
Investigating Officer of the case files an application before the
learned Trial Court bringing to its notice that petitioners despite
giving assurance to this Court are not co-operating in the
investigation, in that event the learned Trial Court shall be at
liberty to cancel the bail bonds of the petitioners.
8. Let a copy of this order be sent to the concerned
police station through the learned Trial Court.
9. Accordingly, the instant anticipatory bail
application stands allowed.
(Satyavrat Verma, J)
Rishabh/-
U T
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