RAJEEV RANJAN PRASAD, J.

1. These two criminal writ applications have come up for consideration together on the request of the parties and have been heard and are being disposed off by this common judgment.

2. Cr. W.J.C. No.1910 of 2017 has been filed seeking quashing of the First Information Report (in short 'FIR') being Patliputra P.S. Case No.109 of 2017 instituted under Sections 420, 406 and 379/34 of the Indian Penal Code and section 21 of the Mines And Minerals (Development And Regulation) Act, 1951 (hereinafter referred to as the 'MMDR Act') read with Rule 40 of the Minor Minerals Concession Rules, 1972 (hereinafter referred to as the 'Rules of 1972'). The FIR has been instituted on the written report of the Mineral Development Officer, Muzaffarpur alleging that on 29.03.2017 in course of inspection of the Sand Ghats along with a team constituted for that purpose when the informant reached at Digha-Kurji Balu Ghat it was found that just beside the demarcated area, near Digha-Sonepur under constructed road-cum-rail pul at a distance of about 1.5 km towards east illegal extraction/mining of sand had taken place. It was found that in an area of approximately 800 meters X 200 meters this illegal mining has been done in which sands have been extracted by going up to six meters in depth. It is also alleged that for this area no approved mining plan is there in favour of the settles and the mining activities are taking place without consent of the competent authority. It is further alleged that even in the inside demarcated area in an area of 200 meters X20 meters extraction of sand has been done by mining for more than three meters in depth. It is alleged that all the Sand Ghats of Patna district have been settled in favour of M/s Broad Son Commodities Pvt. Ltd. through its proprietor Sri Mithlesh Singh (the writ petitioner) who had indulged in illegal mining under the areas outside the approved mining plan. Several violations of the terms and conditions of the work order have been mentioned in the FIR.

3. In Cr. W.J.C. No.10 of 2018, the petitioner has prayed for quashing of the FIR bearing Bihta P.S. Case No.523 of 2017 dated 31.07.2017 under Sections 406, 420, 467, 468, 471, 120B/34 of the Indian Penal Code and Rule 3 of the Bihar Minerals (Prevention of Illegal Mining, Transportation and Storage) Rules, 2003 (hereinafter referred to as the 'Rules of 2003'). This FIR has been lodged at the instance of the Assistant Director, District Mining Office, Patna who has alleged that on information received that in Lai Bazar stored/stocked sands are being sold illegally, the informant reached the said place and found that some trucks were loaded with sands and they were about to depart whereas some trucks were loading the sands. It is alleged that on seeing the police party the people started fleeing away. The allegation is that for storage of sands the petitioner's company has been granted 32 Stockist licenses and for purpose of transportation of sand by the Stockist Licenses the same is required to be done through the departmental pre-paid transportation challan. It is further alleged that without the said pre-paid challan, transportation of sand is illegal. The FIR further alleges that in course of enquiry it was found that receipt books which were seized from the alleged place were not legal transportation challan and the same were not issued by the office. The challans have been, therefore, seized by the police. The persons who have been arrested are named in the FIR.

4. It appears that during the pendency of the writ applications the investigation of the first case was completed and police submitted a charge-sheet whereupon the learned ACJM-XII, Patna has been pleased to take cognizance vide order dated 26.05.2018 under Sections 420, 406 and 379/34 of the Indian Penal Code and Rule 40 of Rules of 1972 read with Section 21 of the MMDR Act.

5. It further appears that subsequent to the order taking cognizance, now the charg