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Patna High Court

Rustam Ansari @ Md. RustamversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to both petitioners, finding that their inclusion in the FIR was based only on unsubstantiated suspicion.

Summary

The petitioners, Rustam Ansari and Javed Ansari, were named in an FIR for alleged illegal sand transport using tractors and a JCB, allegedly violating Sections 303(2) and 111 of the BNS, Rule 56 of the Bihar Mineral Rules, 2019 and Sections 4 and 21 of the Mines and Minerals Act. The petitioners contended that they neither owned nor operated the seized vehicles and were implicated solely on police suspicion. The State opposed bail, citing that co‑accused were caught red‑handed with sand‑laden equipment. The court examined the lack of concrete evidence linking the petitioners to the offence and held that their inclusion in the case was based merely on suspicion. Consequently, the court ordered bail for each petitioner on a bond of Rs. 10,000 with two sureties, invoking Section 438(2) of the Cr.P.C. and Section 482(2) of the BNSS.

Issues considered

  • Whether bail can be granted to persons named in an FIR solely on the basis of police suspicion without substantive evidence of involvement
  • Whether the allegations under the Bihar Mineral Rules and Mines and Minerals Act justify denial of bail

Legislation cited

Subjects

  • bail
  • illegal mining
  • sand mining
  • FIR
  • suspicion
  • Section 438
  • Section 482
  • Bihar Mineral Rules
  • Mines and Minerals Act

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.71230 of 2025
                  Arising Out of PS. Case No.-341 Year-2025 Thana- BANJARIA District- East Champaran
                 ======================================================
           1.     Rustam Ansari @ Md. Rustam S/o Late Jainuddin R/o Village -
                  Mokhalishpur, P.S - Banjaria, District - East Champaran
           2.    Javed Ansari @ Md. Javed Alam S/o Late Kamaruddin R/o Village -
                 Mokhalishpur, P.S - Banjaria, District - East Champaran
                                                                         ... ... Petitioner/s
                                                    Versus
           1.    The State of Bihar
           2.     The Additional Chief Secretary Cum Mines Commissioner Mines and
                  Geology Department, Government of Bihar, Patna
                                                                 ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Suraj Kumar Tiwari, Adv
                 For the Opposite Party/s :       Mrs. Dr. Indiwar Kumari, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

4   21-01-2026                  Heard the parties.

                                2. The petitioners are named in the F.I.R. and

                   apprehending their arrest in connection with Banjariya P.S. Case

                   No. 341 of 2025 registered for the offences punishable under

                   Sections 303(2) and 111 of the BNS, Rule 56 of the Bihar Mineral

                   Rules, 2019 & Sections 4 and 21 of the Mines and Minerals Act.

                                3. As per FIR, seven tractors and one JCB was found

                   carrying illegal sand, in contradiction of legal provisions as

                   available through Bihar Minerals (Concession, Prevention of Illegal

                   Mining, Transportation and Storage) Rules, 2019.

                                4. It is submitted by learned counsel appearing on

                   behalf of the petitioners by taking shelter of FIR, itself that name
Patna High Court CR. MISC. No.71230 of 2025(4) dt.21-01-2026
                                            2/3




          of these two petitioners appears with this case for the reason that

          as they were named by the police station. It is submitted that with

          this much allegation petitioners were implicated with the present

          case otherwise they are neither owner of any of these tractors nor

          the driver or even connected in any manner with seized vehicles

          found carrying sand. While concluding argument, it is submitted

          that petitioner no. 1 found involved in one more case and

          petitioner no. 2 found involved in three more cases, but none of

          these cases are of similar in nature.

                       5. Learned APP while opposing the prayer of bail

          submitted that some of the co-accused persons were caught red-

          handed with tractor which was loaded with illegal sand.

                       6. In view of aforesaid factual submission and by taking

          note of fact as name of both these petitioners transpired with the

          present case merely on the basis of suspicion as raised by police

          station without disclosing any source, accordingly both above

          named petitioners, in the event of their arrest or surrender before

          the learned trial court within a period of four weeks, are directed to

          be released on bail, furnishing bail bond of Rs. 10,000/- (Rupees

          Ten Thousand) each with two sureties of the like amount each to

          the satisfaction of the learned J.M. 1 st Class, East Champaran at

          Motihari/concerned Court, where the case is pending in connection
               Patna High Court CR. MISC. No.71230 of 2025(4) dt.21-01-2026
                                                           3/3




                         with Banjariya P.S. Case No. 341 of 2025, subject to the

                         conditions     as    laid   down        under   Section   438(2)   of   the

                         Cr.P.C/Section 482(2) of BNSS.


                                                                    (Chandra Shekhar Jha, J.)
S.Tripathi/-

U       T


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