Lalan Kumar Singh v. The State Of Bihar
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.SAurangabad(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)
2/6 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 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
3/6 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
4/6 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
5/6 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
6/6 separate application before the concerned Competent Authority for release of their trucks in question.
(Prabhat Kumar Singh, J) Koushik/Alok RajU T