IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.46931 of 2024 Arising Out of PS. Case No.-538 Year-2023 Thana- KOILWAR District- Bhojpur ====================================================== 1. Rishikesh @ Rishikesh Vijay Jhanjhar, Age 25 (M), SON OF Vijay Govind Zanjad, RESIDENT OF VILLAGE- Dhaneshwar Mauli C.H.S.B.- 13, Room No. 15, Sec- 48, P.S.- Siwud, District- Navi Mumbai, Maharastra 2. RAMAYAN @ RAMAYAN KUMAR YADAV, age 20 (M), SON OF CHAIT YADAV RESIDENT OF VILLAGE- SHIVPUR DIERA, PS- DHOKATI, DIST- BALIYA , UP ... ... Petitioner/s Versus 1. The State of Bihar 2. MINES DEPT. BHOJPUR BIHAR ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Manoj Kumar, Advocate For the Opposite Party/s : Mr. Ajit Kumar, APP For the Mines Dept. : Mr. Naresh Dikshit, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 13 20-06-2025 Heard Mr. Manoj Kumar, learned counsel appearing on behalf of the petitioners; Mr. Ajit Kumar, learned APP for the State and Mr. Naresh Dikshit, learned counsel for the Mines Department. 2. The petitioners seek pre-arrest bail in connection with Koilwar P.S. Case No. 538 of 2023 registered for the offence(s) punishable under Sections 379, 411, 353, 384 and 34 of the Indian Penal Code and Sections 39(1), 56(1) 60(3) of BM (CPIMTS) Amendment Rules, 2021 and Sections 4, 21 of MMDR Act, 1957. Patna High Court CR. MISC. No.46931 of 2024(13) dt.20-06-2025 2/4 3. As per the allegation made in the FIR, which was lodged on the basis of report submitted by the Mining Officer that the petitioners including the other co-accused, named therein are engaged in the illegal mining of sand and during the raid, two poklain machines and one motorcycle were sized. 4. The matter was heard on several occasions. In view of specific statement made in the counter affidavit filed on behalf of the Opposite party no.2 (Mines Department), that the poklain machines, whose ownership has been declined by the petitioners, has not been claimed by anyone, nor the Insurance Company has turned up. It cannot be verified from the counter affidavit that the Insurance Company was ever noticed by the Additional Chief Secretary, Mines Department or any of authorized officers of the Mines Department. The poklain machines were admittedly found in illegal mining of sand. If this happens in the State of Bihar, the same will be against the guidelines issued from time to time by the Central Government and as such, the action can only be deprecated having not been followed strictly in light of the judgment rendered in the case of the State of Bihar & Ors. Vs. Pawan Kumar & Ors. (reported in (2022)2 SCC 348. 5. Mr. Manoj Kumar, learned counsel appearing on Patna High Court CR. MISC. No.46931 of 2024(13) dt.20-06-2025 3/4 behalf of the petitioners submitted that in absence of any material available with the Mines Department, it can only be assumed that the petitioners are innocent. He, however, admits that investigation is still going on by the Investigating Officer. 6. At this stage, Mr. Dikshit submitted that officers of the Mines Department will co-operate with the investigation. 7. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail. 8. In view of the rival submissions made on behalf of the parties, I am of the opinion that petitioners, who have clean antecedents, have, prima facie, made out a case to be released on pre-arrest bail. 9. The petitioners, above named, are directed to be released on pre-arrest bail, in the event of their arrest or surrender before the Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned C.J.M., Bhojpur at Ara/concerned Court in connection with Koilwar P.S. Case No. 538 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. 10. The learned District Court is directed to seek Patna High Court CR. MISC. No.46931 of 2024(13) dt.20-06-2025 4/4 antecedent report of the petitioners from the State of Maharashtra, particularly from the Superintendent of Police having jurisdiction over the address mentioned in the bail application and if it is found that the petitioners are involved in some other cases, as what has been stated in paragraph no.3 of the bail application, this order will automatically lose its force. Sanjay/- (Purnendu Singh, J) U T