1 2026:CGHC:24463 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 826 of 2026 • Mintu Rajbhar S/o Triveni Rajbhar, Aged About 33 Years R/o House No. 176, Main Road, Sector D, Bandha Munda, District Sundargad (Odisha) ... Applicant(s) versus • State of Chhattisgarh Through Police Station Pratappur, Out Post Khargawan, District Surajpur, Chhattisgarh. ... Respondent(s) (Cause title is taken from Case Information System) For Applicant(s) : Mr. Anshul Tiwari, Advocate For Respondent(s) : Mr. Soumya Rai. Dy.G.A. Hon’ble Mr. Ramesh Sinha, Chief Justice Order on Board 17/06/2026 1. This is First anticipatory bail application under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicant, who is apprehending his arrest in connection with Crime No.19/2026 registered at Police Station – 19/2026 Police Station - Pratappur, Out Post – Khargawan District - Surajpur (C.G.) for the offences punishable under Sections 305(b), 331(3), 111(2)(b), 316(4) and 3(5) of BNS, 2023. VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2026.06.19 19:58:26 +0530 2 2. Prosecution case in brief is that it has been alleged that on dated 15.01.2026 the truck trailer bearing registration No. CG-10-BL-9694 was taken inside the mine by an authorized lifter in accordance with the prescribed rules and thereafter without weighing the coal approximately 40 tons of coal worth about Rs.1,90,000/- was directly loaded into the said truck at the coal stock yard. It is further alleged that the said coal was illegally removed from the mine and concealed behind the CHP/WWS vehicle and thereafter the truck trailer bearing registration No. CG-10-BL-9694 was allegedly taken out of the mine premises at about 09:12 P.M. On the basis of a written complaint submitted by Shri Uday Pratap Choudhary, Mining Manager, Jagannathpur Open Cast, Bhatgaon, SECL, a case was registered and during the course of investigation the main accused persons were arrested and their memorandum statements were recorded wherein it was allegedly disclosed that the present Applicant namely Mintu Rajbhar i.e., Applicant had assisted in the illegal transportation and theft of coal during the night hours by facilitating the movement of the aforesaid truck trailer from inside the mine premises. That, on the basis of the aforesaid allegations the present FIR bearing Crime No. 19/2026 has been registered on dated 16.01.2026 against the Applicant at Police Station Pratappur, Out Post Khargawan, District Surajpur (C.G.) for the alleged offences punishable under Sections 305(B), 331(3), 111(2)(b), 316(4) read with Section 3(5) of the Bharatiya Nyaya Sanhita, 2023. 3. Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in the present case. He would submit that the name of the present applicant does not find place in the original written complaint and his implication is solely 3 based upon the memorandum statements of the main accused persons recorded during investigation which are not substantive pieces of evidence and have no evidentiary value in the eyes of law unless duly corroborated by independent. He also submits that main accused Jagdamba Singh has already been granted bail by this Court vide order dated 03.03.2026 pass in MCRCA No.349 of 2026 and three other co-accused persons have already been granted regular bail by this Court in MCRC No. 2076 of 2026 vide order dated 25.04.2026. Further more investigation and trial are likely to take time, therefore, he submits that the present applicant is entitled to be released on anticipatory bail. 4. On the other hand, learned State counsel opposed the prayer for grant of anticipatory bail and submits that as per the memorandum statement of co-accused person applicant had assisted in the illegal transportation and theft of coal during the night hours by facilitating the movement of the aforesaid truck trailer from inside the mine premises. He could not disputed the fact that main accused Jagdamba Singh has already been granted bail by this Court vide order dated 03.03.2026 pass in MCRCA No.349 of 2026 and three other co-accused persons have already been granted regular bail by this Court in MCRC No. 2076 of 2026 vide order dated 25.04.2026. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts & circumstances of the case, gravity of offence, submissions made by learned counsel for the parties, allegation levelled against the applicant and also considering the fact that as per the memorandum statement of the co-accused person, the applicant had assisted in the illegal transportation and theft of coal 4 during the night hours by facilitating the movement of the aforesaid truck-trailer from within the mine premises. Therefore, it cannot be said that the applicant has been falsely implicated in the present case., as such, I am not inclined to grant anticipatory bail to the applicant. 7. Accordingly, the anticipatory bail application of the applicant– Mintu Rajbhar filed under Section 482 of Bhartiya Nagarik Suraksha Sanhita, 2023 involved in Crime No.19/2026 registered at Police Station – 19/2026 Police Station -Pratappur, Out Post – Khargawan District - Surajpur (C.G.) for the offences punishable under Sections 305(b), 331(3), 111(2)(b), 316(4) and 3(5) of BNS, 2023, is rejected. Sd/- (Ramesh Sinha) Chief Justice Vaishali