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2026 DAILYLAW 12434 (CHH)

SHIVANAND PATEL v. STATE OF CHHATTISGARH

MCRCA/366/2026 · 2026-03-09

Transfer Petitionbody2026

Judgment text

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1 2026:CGHC:11433 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 366 of 2026 • Shivanand Patel S/o Late Bhagwat Prasad Patel Aged About 52 Years R/o Bartunga Collery Police Station- Chirmiri District- Manendragarh-Chirmiri-Bharatpur (C.G.) ... Applicant versus • State of Chhattisgarh Through- Police Station- Chirmiri Distt- Manendragarh-Chirmiri-Bharatpur (C.G.) ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Shivam Agrawal, Advocate For Respondent/State : Ms. Ritika Verma, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 10.03.2026 1. This is first anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicant, who is apprehending his arrest in connection with Crime No.239/2025 registered at Police Station – Chirmiri, District – Manendragarh-Chirmiri-Bharatpur (C.G.) for the offence punishable under Sections 118(1), 288 of Bhartiya Nyay Sanhita, 2023 and under Section 3 of Explosive Substance Act,1908. 2. The prosecution story, in brief, is that the complainant, Raj Nauranga, lodged an FIR on 17.10.2025 at Police Station Chirmiri, VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2026.03.12 10:41:16 +0530 2 alleging that on 06.10.2025, officials of Krishna Supertech Company and SECL, while engaged in mining operations at the Bartunga Open Cast Mines, voluntarily caused grievous hurt by using explosive substances, resulting in loss of life and property. It is alleged that six persons sustained injuries in the said explosion and were treated at the Regional Hospital, Kurasiya. Based on these allegations, the present FIR has been registered against the applicant. 3. It is argued by the learned counsel for the applicant that the applicant is innocent and has falsely been implicated in this case. It is also contended that co-accused has already been granted anticipatory bail by this Court vide order dated 24.11.2025 in MCRCA No. 1844 of 2025. Therefore, he prays for grant of anticipatory bail to the applicant. 4. On the other hand, learned State counsel opposes the bail application. 5. I have heard learned counsel for the parties and perused the materials available on record. 6. Considering the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant, considering the fact that co-accused has already been granted anticipatory bail by this Court vide order dated 24.11.2025 in MCRCA No. 1844 of 2025, therefore, applicant is entitled to be granted anticipatory bail in this case on the ground of parity. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Shivanand Patel on executing a personal bond with one surety in the like sum to the satisfaction of 3 the arresting Officer, he shall be released on bail on the following conditions:- (a) The Applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such fact to the Court. (b) The Applicant shall not act in any manner which will be prejudicial to fair and expeditious trial. (c) The Applicant shall appear before the trial Court on each and every date given to him by the said Court till disposal of the trial. (d)The Applicant and the surety shall submit a copy of their adhaar card alongwith a colored postcard full size photo having printed the adhaar number on it, which shall be verified by the trial Court. (e)The Applicant shall not involve themselves in any offence of similar nature in future. ` Sd/- (Ramesh Sinha) Chief Justice vaishali