1 2025:CGHC:46897 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1404 of 2025 1 - Ganesh Ram Yadav S/o Shri Ful Singh Yadav Aged About 38 Years R/o Sarvamangla Nagar Durpa Road, Korba, Tahsil And District- Korba Chhattisgarh (Driver Of Tractor Bearing Registration No. Cg-12-Bj-1878) 2 - Hirendra Kumar Jaiswal S/o Madhav Prasad Jaiswal Aged About 27 Years R/o Sarvamangla Nagar Durpa Road, Korba, Tahsil And District- Korba (C.G.) (Owner Of Tractor Bearing Registration No. Cg-12 Bj-1878) --- Applicants versus 1 - State Of Chhattisgarh Through - District Magistrate By Mining Officer (Wrongly Mentioned As Mineral Officer), Collector Office (Mining Section), Korba, District- Korba (C.G.) --- Respondent (Cause title is taken from Case Information System) For Applicants : Mr. Dharmesh Shrivastava, Advocate For Respondent/State : Mr. Soumya Rai, Panel Lawyer Hon’ble Mr. Ramesh Sinha, Chief Justice Order on Board 12/09/2025 1. The applicants have preferred this application under Section 482 of Bhartiya Nagarik Suraksha Sanhita, 2023, for grant of Anticipatory Bail, apprehending their arrest in connection with Crime No.355/2025, registered at Police Station – complaint filed by the Mining Officer, Collectorate, Korba District – Korba VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.09.16 17:27:29 +0530 2 (C.G.) for the alleged commission of offence punishable under Sections 21(1) and 21(2) of Mines and Minerals (Development and Regulation) Act, 1957. 2. As per prosecution story, in brief is that the Mining Officer Pramod Kumar Nayak, the complainant filed a complaint case under 22 of Mines and Minerals (Development & Regulation) Act, 1957 for offence punishable under Section 4, 21(1), 21(2) of Mines and Minerals (Development & Regulation) Act, 1957 alleging inter-alia that on 01.09.2023 at about 12.08 pm night, he was on patrolling and found the vehicle tractor and his driver containing 6 cubic meter sand (mines) on the tractor. It is further alleged that on inquiry, the driver of the vehicle disclosed the fact that the owner of the sand is Hirendra Kumar Jaiswal. It is alleged that on demand of transit pass, the accused, the applicant No.1 failed to produce any kind of documents for transporting the sand. On the basis of complaint case filed by the Mining Officer, Collectorate, Korba, District Korba (C.G.), the learned Chief Judicial Magistrate, Korba, District Korba (C.G.) registered the offence punishable under Section 21(1), 21(2) of Mines and Minerals (Development & Regulation) Act, 1957. 3. Learned counsel for the applicants submit that the applicants have been falsely implicated in this case. He submits that the applicants was neither involved in the commission of crime nor tried to commit any offence. He further submits that the applicants are engaged in a business of building material 3 supply. They are also engaged in agricultural work. Only on the basis of suspicion, they are falsely implicated in the present case. Therefore, he prays for grant of anticipatory bail to the present applicants. 4. On the other hand, learned State counsel opposes the anticipatory bail application of the applicants and submits that on the date of incident, at the time of patrolling by Mining Officer, he found that the applicants had contained 6 cubic meter sand (mines) on a tractor and on demand of transit pass, they failed to produce any kind of documents for transporting the sand and further the sand recovered was as a result of illegal mining. Therefore, they are not entitled for grant of anticipatory bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the nature and gravity of the offence and also taking into account the fact that the applicants contained 6 cubic meter sand (mines) on the tractor and on demand of transit pass, they failed to produce any kind of documents for transporting the sand, thus they were found transporting sand excavated from illegal mining. I am not inclined to grant anticipatory bail to the applicants. 7. Accordingly, the anticipatory bail application of the applicants– Ganesh Ram Yadav and Hirendra Kumar Jaiswal filed under Section 482 of Bhartiya Nagarik Suraksha Sanhita, 2023 4 involved in Crime No.355/2025, registered at Police Station – complaint filed by the Mining Officer, Collectorate, Korba District – Korba (C.G.) for the alleged commission of offence punishable under Sections 21(1) and 21(2) of Mines and Minerals (Development and Regulation) Act, 1957, is rejected. Sd/- (Ramesh Sinha) Chief Justice vaishali