Patna High Court
Ravishanker Singh vs The State Of Bihar Through Principal ... on 6 February, 2025
Author: Jitendra Kumar
Bench: Jitendra Kumar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Writ Jurisdiction Case No.1074 of 2024
Arising Out of PS. Case No.-433 Year-2024 Thana- BIHTA District- Patna
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1. Ravishanker Singh, S/O Balroop Singh, R/O Village- Jalpura, P.O-
Masaurha, P.S- Paliganj, Distt.- Patna.
2. Ratnesh Kumar, S/O Arvind Singh, R/O Village- Jalpura, P.O- Masaurha,
P.S- Paliganj, Distt.- Patna.
... ... Petitioner/s
Versus
1. The State of Bihar through Principal Secretary, Home Department,
Government of Bihar, Patna. Bihar
2. The Principal Secretary, Mines and Geology Department, Govt. Of Bihar,
Patna. Bihar
3. The Director General of Police, Bihar, Patna Bihar
4. The Senior Superintendent of Police, Patna. Bihar
5. The District Magistrate, Patna. Bihar
6. The Sub-Divisional Police Officer, Paliganj, Patna. Bihar
7. The Mines Inspector, District Mines Office, Patna. Bihar.
8. The Station House Officer, Paliganj Police Station, Patna. Bihar
9. The Investigating Officer of Bihta P.S. Case No. 433 Of 2024, Bihar Police
Station, Patna. Bihar
... ... Respondent/s
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Appearance :
For the Petitioners : Mr. Anuj Kumar, Advocate.
For the State : Mr. Mujtabaul Haque, G.P.-12
Mr. Manish Kumar, A.C. to G.P.-12
For the Mines : Mr. Naresh Dikshit, Spl. P.P. Mines.
Mr. Utsav Anand, Advocate.
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CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR
ORAL JUDGMENT
Date : 06-02-2025
The present petition has been filed under article 226
and 227 of the Constitution of India by the petitioners for
quashing the Bihta P.S. Case No.433 of 2024 dated 10.05.2024
for the offence punishable under Section 379, 420, 353 read
Patna High Court CR. WJC No.1074 of 2024 dt.06-02-2025
2/9
with Section 34 of the Indian Penal Code against nine persons
including the petitioners.
2. The factual background of the case is that the
aforesaid FIR has been lodged on the written report dated
10.05.2024
by the Mines Inspector, District Mining Office,
Patna, alleging that on 10.05.2024, in the course of raid, the
raiding party found vehicles overloaded with yellow sand of
river sone at the Site Camp Office, Kanhauli of Ceigall Indian
Limited., YFR Projects Pvt. Ltd (JV) near Bihta -Sarmera road.
After checking of the vehicles, the patrolling team was called
from the police station. Some of the vehicles were parked in the
police station and the drivers of the rest vehicles had fled away
after causing mechanical defects in their vehicles. The vehicles
were loaded with about 950 cft yello sone sand. The registration
numbers of the vehicles are as follows:
(i) BR01GL 9911 16 wheeler hyva truck
(ii) BR01GM 5651 16 wheeler hyva truck
(iii) BR01GN 5551 16 wheeler hyva truck
(iv) BR01GM 5551 16 wheeler hyva truck
3. The owners of the aforesaid vehicles requested not to
seize those vehicles. Hence, obstruction has been caused in
discharge of the official work.
Patna High Court CR. WJC No.1074 of 2024 dt.06-02-2025
4. Finally, the owners of the aforesaid vehicles agreed to
make the drivers available to take the vehicles to the police
station after insistence of the officials, but due to protest of the
petitioners and the owners, the overloaded vehicles were taken
into the project site of the company and the sand was unloaded.
The vehicles were searched by the officer incharge of Bihta
Police Station at the project site of the company and only
vehicle bearing registration no. BR01GM 5551 was found. The
other three vehicles were taken away by other route, it shows
that the employees of the company had also connived in the
fleeing away of the vehicles. Hence, the petitioners and the
owners of the vehicles were running overloaded vehicle. This
act constitute offence under the Bihar Minerals (Concession,
Prevention of Illegal Mining, Transportation & Storage) Rules,
2019 as amended in the year 2021. The relevant sections of the
Indian Penal Code has been also requested to be applied in the
facts and circumstances of the case.
5. I heard learned counsel for the Petitioners and
Learned APP for the State.
6. Learned counsel for the Petitioners submits that
the petitioners are innocent and have falsely been implicated in
this case. He further submits that no offence has been
Patna High Court CR. WJC No.1074 of 2024 dt.06-02-2025
committed by the petitioner. As a matter of fact, their vehicles
were being used to transport sand i.e. minor minerals with
transport permit, the copies of the same are also filed on record,
the particulars of which are as follows:
(i)BR01GM5651/Truck/Chassis No. MB1XELHD8PPNU9934-
Challan No. 236221240509070037870, valid up to 10.05.2024-
1:00:38 A.M.
(ii)BR01GM5551/Truck/ChassisNo. MB1XELHD4PPNT7277-
Challan No. 236221240509070201110 valid up to 10.05.2024-
1:02:01 A.M.
(iii)BR01GN5551/Truck/chassisNo.MB1XELHD5RPPZ3172/C
hallan No. 236221240509070658730 valid up to 10.05.2024-
1:06:59 A.M.
(iv)BR01GL9911/Truck/chassisno.MB1XELHD0NPCT7140/C
hallan No. 236221240509070505810 valid up to 10.05.2024-
1:05:06 A.M.
7. He further submits that, in fact, there was illegal
demand of bribery by the informant and the police and on
account of non-payment of the same, the informant lodged the
false case against them with intent to harass them.
8. He further submits that there is no seizure of the
vehicle or the sand allegedly involved in the offence. Hence, the
Patna High Court CR. WJC No.1074 of 2024 dt.06-02-2025
written report is without any basis, rendering the FIR liable to
be quashed.
9. Learned APP for the State as well as Learned
Special P.P. for the Mines Department jointly submit that as per
the allegation in the FIR, a prima facie case is made out and
investigation is still going on and hence, at this stage, FIR
cannot be quashed because Police has right to conduct
investigation in the allegation of cognizable offence.
10. Learned counsel for the Mines Department further
submits that there was occasion for the police to seize the
vehicle and loaded sand therein because they had fled away.
11. Learned APP for the State and Mines Department
also submit that there is no truth in the allegation of the
Petitioner that the FIR has been lodged mala fide on account of
non-payment of bribe.
12. I considered the submissions advanced by the
parties and perused the material on record.
13. I find that the subject FIR has been lodged under
Sections 379, 420 and 353 read with Section 34 of the Indian
Penal Code. The sum and substance of the allegation is that the
vehicles of the petitioners were transporting illegal minor
minerals i.e. sand without any permit. However, from perusal of
Patna High Court CR. WJC No.1074 of 2024 dt.06-02-2025
the written report of the informant/Mining Officer, I find that no
vehicles or sand involved in the alleged offence were seized.
Hence, I find no basis of the statement made in the written
report. If there was no seizure of the vehicles or the sand, how
the informant could know the quantity of the sand loaded in the
vehicles and if the vehicles were carrying sand without any
permit why the same were not seized, despite the statement that
all the vehicles were taken to the police station and the sand was
later on unloaded at the project site of the company.
14. I further find that the petitioners have submitted
that in fact, they were transporting the sand in their vehicles
with valid permit and copies of these valid permits are also on
record. As per the formal FIR, the time of the occurrence is
00:00 O'clock on 10.05.2024. It means, the offence was
committed just after midnight on 10.05.2024, whereas the
permits of the vehicles of the petitioners loaded with sand were
valid up to about 1:00 A.M. on 10.05.2024. Hence, the
petitioners were having valid permit for the vehicles loaded
with sand at the alleged time of the commission of the offence.
In such background, the allegation of the petitioners that they
have been falsely implicated by the informant and police on
account of non-fulfillment of illegal demand of bribery without
Patna High Court CR. WJC No.1074 of 2024 dt.06-02-2025
any basis appears to be persuasive. In view of such facts and
circumstances, there is no question of application of Section 379
or 420 of IPC.
15. Even Section 353 IPC is not applicable as per the
allegation made in the written report. As per the allegation, the
petitioners had only requested not to seize their vehicles. But
such request has been considered by the police as offence under
Section 353 IPC, whereas for commission of offence under
Section 353 IPC, use of criminal force to a public servant in the
execution of his duty is sine qua non. But, there is no allegation
of resorting to any force by the petitioners to deter the Mining
Officer or Police Officials from discharging their official duties.
Even if the statement of the police is accepted that the
petitioners had requested them not seize their vehicles, it does
not amount to use of criminal force by the petitioners. It is
natural for any innocent person to request against such illegal
action. It does not amount to use of criminal force.
16. It is settled principle of law that the FIR can be
quashed if the allegation made in the FIR are absurd and
without any basis or manifestly attended with mala fide or
ulterior motive. In the case on hand, I find that the statement
made in the FIR is without any basis or material on record.
Patna High Court CR. WJC No.1074 of 2024 dt.06-02-2025
There was no seizure of the vehicles or the sand allegedly
involved in the offence. The whole criminal proceeding appears
to be initiated with ulterior motive on the part of the informant
and the police official. Hence, the present FIR is liable to be
quashed.
17. Accordingly, the present petition is allowed
quashing the subject FIR bearing Bihta P.S. Case No.433 of
2024 dated 10.05.2024
18. In the facts and circumstances of the case, it is
also imperative to set up an inquiry against the informant and
the police official who has lodged the FIR, because the FIR
seems to be lodged irresponsibly with ulterior motive. Such
action of the State offficials has potential to destroy commerce
and business of the State. Such lodgment of FIR is also against
the fundamental rights of the people to do their business as they
like. If such tendency of the State officials is not checked in
time, it may destroy our State and National economy.
19. Hence, the Senior Superintendent of Police, Patna
is directed to set up an inquiry into the circumstances in which
the subject FIR was lodged and to find whether any of them has
committed misconduct and so, take necessary action as per law.
20. Let a copy of this order be sent to the Senior
Patna High Court CR. WJC No.1074 of 2024 dt.06-02-2025
Superintendent of Police, Patna for information and needful.
21. A copy of the same be also sent to the Director
General of Police, Bihar, Patna for his information.
22. List this case on 8.4.2025 awaiting the report of
the Senior Superintendent of Police, Patna regarding setting up
of an inquiry against the officials concerned.
(Jitendra Kumar, J.)
S.Ali/Chandan
AFR/NAFR AFR
CAV DATE NA
Uploading Date 07.02.2025
Transmission Date 07.02.2025
