Patna High Court
Rustam Ansari @ Md. RustamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
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
- BNS — s. 111, 303(2)
- BNSS — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
- Mines and Minerals Act — s. 21, 4
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
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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
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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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