Ashok Kumar Kushwaha v. The State Of Bihar
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 PSKalyanpur 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 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/- U