Vikash Kumar Singh @ Vikash Kr. Singh vs. The State Of Jharkhand

Facts

The petitioner, Vikash Kumar Singh, is seeking anticipatory bail in connection with Baghmara P.S. Case No. 69 of 2026. The case was registered for alleged offences under Sections 303(2) and 3(5) of the Bharatiya Nagarik Suraksha Sanhita (BNS), Section 21 of the Mines and Minerals (Development and Regulation) Act, 1957, and Rule 13 of the Jharkhand Minerals (Prevention of Illegal Mining, Transportation and Storage) Rules, 2017. The petitioner, who owns the truck involved, contends that the 30 tons of coal being transported were accompanied by proper GST and e-way bills, as noted in the impugned order passed by the learned Additional Sessions Judge. The State opposes the prayer, asserting that the coal was being transported illegally.

Held

The Court granted anticipatory bail to the petitioner. The Court noted that the impugned order of the learned Additional Sessions Judge indicated that the petitioner had filed GST and e-way bills generated on 07.05.2026 at 12:33 P.M. Prima facie, the Court found that proper documentation appeared to be present. However, it acknowledged that the dispute regarding these documents could be a matter for investigation and trial. Considering the facts and circumstances, the Court was inclined to extend the privilege of anticipatory bail. The petitioner was directed to surrender before the learned Court within three weeks and, upon arrest or surrender, to be enlarged on bail upon furnishing a bail bond of Rs. 25,000/- with two sureties of the like amount, subject to the conditions laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Key Issues

1. Whether the petitioner is entitled to anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973 (or its equivalent under BNS), considering the allegations of illegal transportation of coal and the presence of GST and e-way bills. Petitioner's arguments: The petitioner argues that he is the owner of the truck and that the coal was being transported with valid GST and e-way bills, as evidenced by documents filed before the learned Additional Sessions Judge. He contends that these documents suggest compliance and warrant the grant of anticipatory bail. Revenue's arguments: The State opposes the prayer for anticipatory bail, submitting that there are allegations of the coal being carried illegally on the truck. The State does not explicitly address the validity of the GST and e-way bills in its opposition.