Bahadur Singh vs. State Of Punjab
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IN 208 Bahadur S
State of P
Date of d Date of U
CORAM Present:
SUMEET
Section 48 referred a bearing F under Se Regulatio 2. of a comp It has bee illegal mi by the m Hoshiarpu name and -9577-2026 THE HIGH COURT OF PUN CHANDIG
Singh
V/s Punjab
decision: 21.04.2026 Uploading : 22.04.2026 M: HON’BLE MR. JUSTICE Mr. H.S. Bariana, Advocate f Mr. Jaypreet Singh, DAG Pu ***** T GOEL, J. (Oral) The present petition has be 82 of Bharatiya Nagarik Suraksh as ‘the BNSS’) for grant of p FIR No.14 dated 22.01.2026, reg ections 21(1) of the Mines a on) Act, 1957 at Police Station Bu As per the prosecution case, plaint submitted by the Mining In en alleged that on 22.01.2026, a ining and sale of minor minerals mining department along with th ur. During the course of inspec d style of Sehaj Thiara Buildin
1 NJAB AND HARYANA AT ARH
CRM-M-9577-2026
....Petitioner
....Respondent SUMEET GOEL for the petitioner. unjab. een filed by the petitioner und ha Sanhita, 2023 (hereinafter to pre-arrest/anticipatory bail in ca gistered for the offences punisha and Minerals (Development a ullowal, District Hoshiarpur. the FIR was registered on the ba nspector, Sub Division Hoshiarp acting upon a complaint regardi s, a joint inspection was conduc he police at Village Sikri, Distr ction, a dump operating under ng Material was found at the s
der be ase ble and asis pur. ing ted rict the ite. AJAY KUMAR 2026.04.22 09:43 I attest to the accuracy and integrity of this document
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Approxim gravel (ba however, said dump further th the minin of the Ac registered 3. petitioner falsely im iterated th unsupport the allege fide busin name and under the petitioner is inadmis petitioner and no Furthermo inspection petitioner -9577-2026 mately, 4000 cubic feet of river s ajri) were found stored. The pet upon inquiry from co-villagers, p was being operated by Bahad he case of the prosecution that n ng department thereby constitutin ct. On these set of allegation d. Learned counsel for the r is a law-abiding citizen with mplicated into the FIR in quest hat the allegations levelled in ted by any cogent or direct evide ed offence. According to learne nessman engaged in the busines d style of Sehaj Thiara Building e GST Act. It has been conte r is solely on the basis of hearsa ssible or reliable evidence. It h r was not present at the spot at recovery has been effected ore, the entire case rests upon t n already conducted and hence r is not required. Learned coun
2 sand and 2500 cubic feet of crush titioner was not present at the sp , it allegedly came to light that dur Singh (petitioner herein). It no such dump was registered w ng an offence under Section 21 ns, the FIR in question has be petitioner has iterated that a clean antecedent and has be tion. Learned counsel has furth the FIR are baseless, vague a ence connecting the petitioner w ed counsel, the petitioner is a bo ss of building materials under g Material which is duly register ended that the implication of ay statements of co-villagers wh has been further contended that the time of the alleged inspecti from his conscious possessi the documentary evidence and s the custodial interrogation of sel has further contended that
her pot, the t is with (1) een the een her and with ona the red the ich the ion on. site the the AJAY KUMAR 2026.04.22 09:43 I attest to the accuracy and integrity of this document
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petitioner likelihood pre-arrest anticipato 4. anticipato involved commerci competen Regulatio joint inspe substantia from the material. present on during lo with the registratio trade in m mining de and sever the illegal unearthed necessary -9577-2026 r has deep roots in society; is a p d of his absconding or fleeing fro t bail. On strength of afore ory bail is entreated for. Per contra, learned State c ory bail to the petitioner by arg in running an unauthorized ial scale without obtaining the nt authority under the Mines on) Act, 1957. Learned State co ection conducted by the mining al quantity of river sand and gra site operating under the name a According to learned State cou n the spot, his identity as the o cal verification and the petition said business. It has been on relied upon by the petitioner minor minerals without obtainin epartment. Furthermore, the inv ral crucial aspects, including the l storage and possible involvem d for which the custodial in y. It has submitted that in c
3 permanent resident and there is om justice in case he is enlarged esaid submissions, the grant counsel has opposed the grant guing that the petitioner is direc dump of minor minerals on e mandatory permission from and Minerals (Development a ounsel has iterated that during authority(s) alongwith the police avel (crusher bajri) was recover and style of Sehaj Thiara Buildi unsel, though the petitioner was n operator of the said dump surfac ner has not denied his associati further submitted that the G does not authorize him to store ng a valid license/permit from vestigation is still at a nascent sta e source of the minerals, extent ment of other persons, are yet to nterrogation of the petitioner case the petitioner is granted
no on of of ctly n a the and the e, a red ing not ced ion GST e or the age t of be is the AJAY KUMAR 2026.04.22 09:43 I attest to the accuracy and integrity of this document
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concessio investigat instant pe 5. gone throu 6. serious al against th crusher g permissio substantia operated Bullowal spot but h Court can with mino material investigat investigat material, operations involveme custodial grant of a -9577-2026 on of pre-arrest bail, at this st tion. Accordingly, a prayer has b etition. I have heard the learned cou ugh the available record of the c As per the case put forth in legations have been levelled aga he petitioner are that he was ru gravel in the area of village S on from the mining department. al quantity of minor minerals w under the name Sehaj Thiara Sikri Hoshiarpur. Though the his name has surfaced during loc nnot ignore the fact that the petiti or minerals on a commercial s recovered indicate an orga tion to ascertain the legality of p tion is still at an initial stage. Th including the source of miner s, cannot be ruled out. The ent of the petitioner requires interrogation of the petitioner anticipatory bail at this stage may
4 tage, it may impede the ongoi been made for the dismissal of unsel for the rival parties and ha case. n the FIR in question, indubitab ainst the petitioner. The allegatio unning a dump of river sand a Sikri without obtaining mandato During the course of inspecti was recovered from the site bei Building Material Hariana Ro e petitioner was not present at cal verification. At this stage, t ioner himself is stated to be deali scale. The nature and quantity anized activity which requi procurement, storage and sale. T he possibility of unearthing furth rals and extent of alleged ille exact nature and extent of s deeper investigation for wh r may be necessary/essential. T y hamper the investigation.
ing the ave bly, ons and ory on, ing ad, the this ing of ires The her gal the ich The AJAY KUMAR 2026.04.22 09:43 I attest to the accuracy and integrity of this document
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for grant necessary not persua aspects of grant of Furthermo has obser departmen investigat this stage falsely im instant ca and mater minerals requisite p under the is alleged Mining In 4000 cub were foun befitting anticipato individual -9577-2026 It is befitting to mention her of bail a meticulous evaluat y. The contention that the case is ade this Court as the investigatin f the alleged offence. In the con bail at this stage may imp ore, the Court below while decl rved that the absence of requi nt coupled with the scale of tion. Moreover, no cause nay p e, from which it can be deciph mplicated into the present FIR. ase, the allegations against the pe rial placed on record, are that i.e. river sand and gravel (cru permission or registration from t Mines and Minerals (Developm d that on 22.01.2026, a joint nspector alongwith the police off ic feet of river sand and 2500 nd stored at the site. The inve to mention here that while ory bail, the Court has to e l rights and protecting societal in
5 re that while adjudicating the p tion of several pivotal factors purely documentary in nature do ng agency is yet to verify multi nsidered opinion of this Court, pede the ongoing investigati lining the plea of anticipatory b isite permission from the mini f operation necessitates thorou plausible cause has been shown, hered that the petitioner has be It goes without saying that in etitioner, as emerging from the F he was running a dump of min usher bajri) without obtaining the mining department as manda ment and Regulation) Act, 1957 inspection was conducted by ficials, during which approximat cubic feet of crusher bajri/gra stigation is at nascent stage. It considering a plea for grant equilibrate between safeguardi nterests. The Court ought to reck
plea is oes ple the on. bail ing ugh , at een the FIR nor the ted . It the ely vel t is of ing kon AJAY KUMAR 2026.04.22 09:43 I attest to the accuracy and integrity of this document
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with the accused; t impact of material o petitioner investigat accusation petitioner investigat 1039, the 8. offence a thorough -9577-2026 magnitude and nature of the o the need for fair and free investi f such alleged iniquities on the on record to hold that prima fac r. The material which has co tion, appear to be establishe ns. Thus, it is not appropriate r, as it would necessarily tion. In State v. Anil Sharma, (1 Hon'ble Supreme Court held as “6. We find force in the submissi qualitatively more elicitation-orie well-ensconced with a favourable a case like this, effective inter tremendous advantage in disinter materials which would have interrogation would elude if the protected and insulated by a pre interrogated. Very often interroga a mere ritual. The argument tha with the danger of the person b need not be countenanced, for, su accused in all criminal cases. Th police officers would conduct th would not conduct themselves as o In view of the gravity of t and the requirement of the cust investigation, this Court is of
6 offence; the role attributed to igation as also the deeper and w society. At this stage, there is cie case is not made out against ome on record and prelimina ed a reasonable basis for to grant anticipatory bail to cause impediment in effect 1997) 7 SCC 187 : 1997 SCC (C under : (SCC p. 189, para 6) ion of CBI that custodial interrogation ented than questioning a suspect who e order under Section 438 of the Code rrogation of a suspected person is rring many useful informations and a been concealed. Success in s suspected person knows that he is w e-arrest bail order during the time he ation in such a condition would reduce at the custodial interrogation is frau being subjected to third-degree meth uch an argument can be advanced by he Court has to presume that responsi hemselves in task of disintering offen offenders.” the allegations, the nature of todial interrogation for a fair a f the considered opinion that
the ide no the ary the the ive Cri) n is o is e. In s of also uch well e is e to ught ods y all ible nces the and the AJAY KUMAR 2026.04.22 09:43 I attest to the accuracy and integrity of this document
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petitioner milieu of 9. (i) (ii) of opinion (iii)
April 21, Ajay
-9577-2026 r does not deserve the concession the case in hand. In view of the prevenient rati The instant petition is devoid Nothing said hereinabove sh n upon merits of the case/investig Pending application(s), if any
2026 Whether speaking/reasoned: Whether reportable:
7 n of anticipatory bail in the fact iocination, it is ordained thus: d of merits and is hereby dismiss hall be deemed to be an expressi gation. y, shall also stand disposed off. (SUMEET GOEL)
JUDGE
Yes/No Yes/No
ual sed. ion AJAY KUMAR 2026.04.22 09:43 I attest to the accuracy and integrity of this document
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