Patna High Court – Orders
Umesh Gop vs The State Of Bihar on 13 August, 2025
Author: Purnendu Singh
Bench: Purnendu Singh
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24459 of 2025
Arising Out of PS. Case No.-76 Year-2024 Thana- RAHUI District- Nalanda
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Umesh Gop S/o Raghu Gop R/O Village- Jirian, P.S- Astawan, Distt.-
Nalanda.
... ... Petitioner/s
Versus
1. The State of Bihar
2. The Department of Minerals and Mines, Bihar, Patna.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms.Kumari Sujata Sinha, Advocate.
For the State : Mr.Mritunjay Kumar Nirala, APP.
For the Mines Department: Ms. Shruti Singh, Advocate.
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CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
3 13-08-2025
Heard Ms. Kumari Sujata Sinha, learned counsel
appearing on behalf of the petitioner; Mr. Mritunjay Kumar
Nirala, learned APP for the State and Ms. Shruti Singh, learned
counsel for the Mines Department.
2. The petitioner seeks pre-arrest bail in connection
with Rahui P.S. Case No. 76 of 2024 for the offences punishable
under Sections 147, 148, 149, 341, 323, 337, 353 and 379 of the
Indian Penal Code and Section 27 of the Arms Act.
3. As per the allegation made in the F.I.R., the
petitioner was involved in illegal mining of sand.
4. Learned counsel appearing on behalf of the
petitioner submitted that the petitioner has deposited
compounding fee amount to Rs. 40,999/- in the State Bank of
India on 28.10.2024 through e-challan having GRN No.
Patna High Court CR. MISC. No.24459 of 2025(3) dt.13-08-2025
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BHR202111225184M in accordance with Sub Rule 2 of Rule 56
of the Bihar Minerals (Concession, Prevention of Illegal
Mining, Transportation & Storage) Rules, 2019, as such, the
petitioner seeks to be released on pre-arrest bail.
5. Ms. Shruti Singh, learned counsel has tendered her
appearance on behalf of the Mines Department and referring to
the counter affidavit, particularly, Annexure R/A series, she
informs that e-challan generated bearing GRN No.
BHR202111225184M was valid up to 30.11.2021 which was
related to the seizure effected in the year 2021, for which the
petitioner had deposited compounding fee amounting to Rs.
30325/-. Referring to Para-14 of the counter affidavit, she
further submits that using the said e-challan bearing GRN No.
BHR202111225184M in Form BTC-4 which was valid up to
30.11.2021, the petitioner has filed an application before the
Mines Development Department, Nalanda in respect of Rahui
P.S. Case No. 76 of 2024 dated 22.02.2024 in respect of the
same tractor bearing Registration No. BR03K6616. The
petitioner has fraudulently not produced the e-challan contained
in Form BTC-4 to show his bonafide that the compounding fee
has already been deposited and GRN Number has been
generated as has been generated earlier on 15.11.2021. Learned
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counsel on the basis of the evidences submitted that the
petitioner has not only committed illegal mining, at the same
time, has forged the official documents for unauthorized gain by
indulging in fraud.
6. At this stage, learned counsel appearing on behalf
of the petitioner submitted that the petitioner may be permitted
to produce the e-challan contained in BTC-4 form generated by
the Government of Bihar to show his bona fide that a sum of
Rs.40,999/- has been deposited on 28.10.2024 for which same
GRN No. BHR202111225184M has been generated which may
be a mere co-incidence.
7. Having considered the rival submissions made on
behalf of the parties, I direct the learned District Court to verify,
as to whether, the information given in the application
(Annexure-3) that the petitioner has deposited Rs.40,999/- in the
State Bank of India on 28.10.2024 as a compounding fee in
respect of Rahui P.S. Case No. 76 of 2024 dated 22.02.2024
through OGRAS mode for which GRN No.
BHR202111225184M generated, is correct or manipulated?
8. In case, the learned District Court is satisfied that a
fresh challan having GRN number contained in BTC-4 has been
generated for a compounding fee of Rs. 40,999/- which has been
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deposited on 28.10.2024 in connection with Rahui P.S. Case No.
76 of 2024 and the said challan is before the date of making
application by the petitioner as there is no reference of the date
in the application for getting the offence compounded, then in
that case, the petitioner is directed to be released on pre-arrest
bail. Otherwise, the learned District Court is directed to take
steps to lodge complaint against the petitioner for having sworn
incorrect affidavit before this Court and also for having
produced the forged document before the Court to obtain pre-
arrest bail.
9. Learned District Court before taking any action
should issue notice to the District Mining Officer to defend their
case in view of the information contained in the counter
affidavit filed before the Court in the present bail application on
26.07.2025.
10. Learned District Court is directed to submit an
action taken report within two weeks before this Court.
11. Re-notify on 27.08.2025.
(Purnendu Singh, J)
mantreshwar/-
U T