Guddu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56256 of 2025 Arising Out of PS. Case No.-64 Year-2025 Thana- TELHARA District- Nalanda ====================================================== 1.

Guddu Kumar S/o- Mahendra Prasad Yadav Vill - Akashpur, P.S - Telhara, Dist - Nalanda 2.

Randhir Kumar S/o- Akhilesh Yadav Vill - Machhra Bigha, P.S - Ghoshi, Dist - Jehanabad ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Mines Inspector District Mining Office, Nalanda ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioners :

Mr. Birendra Kumar, Advocate For the State :

Mr. Braj Kishore Pd., APP For the Mines :

Mr. Naresh Dikshit, Advocate Mr. Utkarsha Pathak, Advocatre ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 25-11-2025 Heard learned counsel appearing on behalf of the petitioners, learned APP appearing for the State and learned counsel appearing on behalf of the Opposite Party No. 2/Mines Department.

2. The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 303(2), 132, 223(4) and 3(5) of the B.N.S..

3. The prosecution case, in brief, is that Petitioner No. 1 is driver and Petitioner No. 2 is owner of the seized truck which was loaded with about 40 CFT illegally mined sand and thereby, causing revenue loss of Rs. 1,02,130/- to the State

Patna High Court CR. MISC. No.56256 of 2025(6) dt.25-11-2025 2/3 Exchequer.

4. It is submitted by learned counsel appearing on behalf of the petitioners that petitioners are quite innocent and have committed no offence. However, at this stage, without admitting their guilt, petitioners undertake to deposit the revenue loss caused amounting to Rs. 1,02,130/- (Rupees one lakh two thousand one hundred thirty only).

5. Considering the nature of accusation and aforesaid undertaking of the petitioners, prayer for grant of anticipatory bail to the petitioners is allowed.

6. Accordingly, in the event of arrest/surrender within a period of eight weeks from today, let the above named petitioners 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 learned Additional Chief Judicial Magistrate- 1st, Hilsa, Nalanda in connection with Telhara P.S. Case No. 64 of 2025, subject to conditions as laid down under Section 482(2) of the B.N.S.S., along with the following terms and conditions:

A. Petitioners shall pay the alleged revenue loss amounting to Rs. 1,02,130/- (Rupees one lakh two thousand one hundred thirty only) through demand draft in the Office of the Mines Inspector, District Mining Office, Nalanda.

Patna High Court CR. MISC. No.56256 of 2025(6) dt.25-11-2025 3/3 B.

A receipt of the payment shall be furnished at the time of furnishing bail bond. C. If petitioners fail to comply the aforesaid direction of this Court, the Court below is free to cancel the bail-bond of the petitioners.

7. It is made clear that without going into the merit of the case, the aforesaid order has been passed only for the purpose of grant of bail.

(Prabhat Kumar Singh, J) shashank/- U T