1 2026:CGHC:9101 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 88 of 2026 1 - Pooran Singh S/o Shri Narbe Singh Aged About 56 Years Working As Security Inspector In Pandawpara Colliery Baikunthpur Area, Secl, District Koriya (C.G.) 2 - Azad Khan S/o Shri Shahabuddin Aged About 47 Years Working As Security Guard In Pandawpara Colliery Baikunthpur Area, Secl, District Koriya (C.G.) 3 - Shivbrat Pandey S/o Shri Janardan Pandey Aged About 50 Years Working As Security Inspector In Pandawpara Colliery Baikunthpur Area, Secl, District Koriya (C.G.) 4 - Rajkamal S/o Shri Ramchand Aged About 35 Years Working As Truck Driver, R/o Village Sanwaranwa, Post Girjapur, Police Station Patna, District Koriya (C.G.) ... Applicants versus 1 - State of Chhattisgarh Through- Station House Officer, Police Station- Patna, District Koriya (C.G.) 2 - Somar Sai S/o Late Manbodh Aged About 75 Years R/o Village Sorga, Police Station Patna, District Koriya (C.G.) ... Respondents (Cause title is taken from Case Information System) For Applicants : Mr. Sudhir Kumar Bajpai, Advocate For Respondent/State : Ms. Ritika Verma, Panel Lawyer For Objector Ms. Chetna Sharma, Advocate Hon’ble Mr. Ramesh Sinha, Chief Justice Order on Board 20/02/2026 VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2026.02.20 18:48:05 +0530 2 1. This first anticipatory bail application under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicants, who are apprehending their arrest in connection with Crime No.148/2025 registered at Police Station – Patna, District- Koriya (C.G.) for the offences punishable under Section 115(2), 117(2), 190, 191(2), 109, 110, 3(5) of Bhartiya Nyay Sanhita (for short ‘BNS’), 2023. 2. Case of the prosecution, in brief, is that the applicant No. 1 to 3 are public servant working as Security Inspector and Security Guard in Pandavpara Colliery of SECL Baikunthpur Area and the alleged offenses were committed in the discharge of their official duties. The applicant no.4 is the truck driver and regularly doing the work for transportation of coal from the colliery to railway siding. The land of villages Khod, Sorga, and Temri were acquired under the Coal Bearing Areas (Acquisition & Development) Act, 1957, for the Pandavpara mine and Jhilimili mine of the Baikunthpur area SECL by a notification dated 18.07.1992 issued by the Government of India under Section 9 of the said Act. The compensation of the said acquired land has been distributed to the majority of the landowners. Some of the landowners have not received their amount of compensation despite receiving notice, citing illegal demands. In lieu acquisition of land, employments were also been provided to eligible displaced people. At present a total of 157 displaced people have been provided employment, and the employment cases of the remaining 14 individuals are pending. the villagers/displaced persons and their dependents of Village Khod, Sorga, and Temri have repeatedly staged protests, road blockades, and other forms of demonstrations regarding illegal demands of employment and compensation, and 3 have also obstructed government work relating to coal production and their transportation. It is also submitted that with the help of the local administration, the villagers have been counseled several times for accepting the compensation amount but all were vain attempts. on 13.04.2025, the villagers again staged a protest, blocking coal transportation. Thereafter a written agreement was reached on 15- 04-2025, in the presence of the Local Administration and the MLA, stating that the District Administration would form a committee to resolve the dispute and submit its report within a month. Based on the committee report, the SECL management will complete the employment process for eligible displaced people within the stipulated time frame. In compliance with the said agreement, the District Administration constituted a committee through an order dated 16-04-2025 issued by the Additional District Magistrate, District Korea, Baikunthpur. In addition to the District Administration and SECL management representatives, representatives of the villagers were also appointed as the committee member. The committee constituted by the District Administration could not complete their enquiry within the stipulated time, due to which a order dated 22-05-2025 was issued by the Additional Collector, District Korea, Baikunthpur and extended the time for submitting enquiry report by the committee and directed to complete the enquiry by 30-06-2025.the villagers refused to accept the above order dated 22.05.2025 and sought permission from the District Administration through its letter dated 28-05- 2025 for starting indefinite sit-in demonstration agitation and stopping of coal transportation from the 30-05-2025. The same was rejected by the SDM Baikunthpur through his letter dated 28-05-2025 and the villagers were not given permission for indefinite sit-in 4 demonstration, agitation and stopping of coal transportation. Ddespite the SDM Baikunthpur has not granting permission for strike, on 30.05.2025 the villagers started agitation and staged a sit- in protest, halting coal transportation. Because the Local Administration has denied for giving permission for the protest, therefore the District Administration directed the SECL Baikunthpur usual. In Area to continue coal transportation as Usual. In compliance with this directive, a truck was loaded with coal and sent to the railway siding. The SECL Departmental Security Guards were on board to control any untoward incidents. The Local Police vehicle was also accompanying the truck. It is submitted that when the truck reached the protest side, the protesting villagers, became increasingly agitated and attacked the Truck Driver and other Security Guards with sticks, rods, and bricks, stopping the truck, and assaulting them. A written complaint regarding this incident was submitted by the Security Guard to the officials of Jhilmili Mines SECL on the date of incident itself i.e. 30.05.2025. On receiving a complaint from the Security Guards, the then in-charge Sub Area Regional Manager Bhupendra Kumar Pandey lodged a written complaint dated 30-05-2025 at the Police Station, Patna, District Korea against the villagers who were protesting. On the basis of this complaint, the Patna police station registered a Crime No. 111/2025 against the complainant Somar Sai and other villagers who were protesting, for the offence under sections 115(1), 115(2), 132, 190, 191(3), 221, 351(2), 61(2) of the BNS, 2023. On which, the Patna Police Station arrested about 20-22 villagers who were protesting from the protest site. They were later on released on bail. the Bhupendra Kumar Pandey, Sub-Area Manager, Jhilimili Sub-Area, before the Patna police station is filed herewith as Annexure A/8. 5 after being released on bail, the complainant Somar Sai and other villagers, out of a spirit of vengeance, lodged a false complaint against the applicants, Security Guards and Truck Driver and other officials of SECL, on the basis of completely imaginary, false, and fabricated facts. After preliminary investigation by the Patna police station, the FIR was not registered as no crime had been found which alleged to be committed by the applicants. Against which the complainant and other villagers also lodged a complaint before the Superintendent of Police and the District Collector, Korea, but after enquiry by them too, no crime was found which alleged to be have been committed by the applicants. Being aggrieved by this, complainant Somar Sai and other villagers filed a complaint before the Ld. Judicial Magistrate First Class Baikhuntpur, seeking registration of a crime against the applicants, SECL Security Guards, Truck Driver and other officials of SECL. Based on this, the Ld. Judicial Magistrate First Class, Baikunthpur, passed an order dated 18-07-2025 accepting the application of the complainants under Section 175(3) of the BNSS and directed to register a First Information Report against the applicants, Security Guards, Truck Driver and other official of SECL. 3. Learned counsel for the applicant submits that applicants are innocent and have been falsely implicated in the present case. It is contended that applicants are employees of South Eastern Coalfields Limited (S.E.C.L.), a Public Sector Undertaking of the Government of India. At the time of the alleged incident, applicant No. 1 namely Pooran Singh was posted as Security Inspector/Guard at Pandavpara Colliery. It is further submitted that the learned Judicial Magistrate First Class (J.M.F.C.) passed the impugned order without carefully examining the documents available on record and without calling for 6 the police investigation or preliminary enquiry report. The learned Magistrate relied solely upon the statements of the complainant and directed registration of the FIR, which is legally unsustainable. It is further contended that even if the entire contents of the complaint and the statements made before the Court are taken at their face value, they do not constitute any cognizable offence against the present applicants. The learned J.M.F.C. directed registration of the FIR without issuing any notice to the applicants and without affording them an opportunity of hearing. He also submits that there is not even an iota of credible evidence available against the applicants. The essential ingredients of the alleged offences are not made out from the complaint itself. Further. the applicants are respectable persons and applicant No. 1 is aged about 56 years, and applicants No. 2 and 3 are aged about 50 years,they are sincere and responsible employees. It is further submitted that similarly placed co-accused persons, namely Bhupendra Kumar Pandey and G. Rajendra Kumar, have already been granted anticipatory bail by the learned Additional Sessions Judge, Baikunthpur, vide order dated 04.11.2025. A copy of the said order has been annexed as Annexure A/12. Therefore, applicants are also entitled for grant of anticipatory bail. 4. On the other hand, learned State counsel as well as learned counsel for the Objector opposes the prayer for grant of anticipatory bail to the applicants. 5. Ms. Chetna Sharma, learned counsel for the objector, submitted that the Hon’ble Magistrate has reported that the application filed under Section 175(3) of the BNSS was not supported by an affidavit. She 7 further submitted that the learned Magistrate recorded the statement of the complainant prior to taking cognizance of the matter. 6. I have heard learned counsel for the parties and perused the case diary. 7. Considering the facts and circumstances of the case, the gravity of the offence, the nature of allegations levelled against the applicants, and the material available on record, and further taking into account that, as per the report submitted by the learned Magistrate, the application filed under Section 175(3) of the BNSS was not supported by an affidavit and that the learned Magistrate recorded the statement of the complainant prior to taking cognizance of the matter and also considering that the co-accused persons, namely Bhupendra Kumar Pandey and G. Rajendra Kumar, have already been granted anticipatory bail by the learned Additional Sessions Judge, Baikunthpur, vide order dated 04.11.2025, and further keeping in view that applicant No. 1 is 56 years of age and applicant Nos. 2 and 3 are aged about 50 years, I am inclined to grant anticipatory bail to the present applicants. 8. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant No.1 – Pooran Singh, applicant No.2- Azad Khan, applicant No.3 – Shivbrat Pandey and applicant No.4 - Rajkamal on executing a personal bond and one surety each in the like sum to the satisfaction of 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. 8 (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 his adhaar card along with a coloured 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 himself in any offence of similar nature in future. Sd/- (Ramesh Sinha) Chief Justice Vaishali