Patna High Court
Surendra KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
Holding
The court allowed the anticipatory bail application, granting bail subject to conditions.
Summary
The petitioner, Surendra Kumar, sought anticipatory bail after an FIR was lodged under Sections 303(2) and 317(2) of the Bihar Natural Sand Act for alleged illegal sand excavation using his JCB machine. The police had raided the site, recovered the JCB, and the driver was said to have exceeded his authority, but the petitioner claimed he was not personally involved. He offered to deposit Rs. 1,00,000 with the Mining Officer without admitting guilt. The Department of Mines opposed the bail. The court noted the lack of evidence on the extent of sand removal and, considering the petitioner’s ownership of the machine and his willingness to pay, granted anticipatory bail with specific conditions, including a bail bond, sureties, and compliance with Section 482(2) of the B.N.S.S. 2023.
Issues considered
- Whether anticipatory bail can be granted to the owner of a JCB machine alleged to be involved in illegal sand excavation under Sections 303(2) and 317(2) of the Bihar Natural Sand Act.
- Whether the petitioner’s willingness to deposit a sum with the Mining Officer and the absence of direct evidence of his participation justify the grant of bail.
- What conditions may be imposed under Section 482(2) of the B.N.S.S. 2023 while granting anticipatory bail.
Legislation cited
- B.N.S.S., 2023 — s. 482(2)
Subjects
- anticipatory bail
- sand mining
- illegal excavation
- Bihar Natural Sand Act
- Section 303
- Section 317
- Section 482
- bail conditions
- mining law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10216 of 2026
Arising Out of PS. Case No.-411 Year-2025 Thana- NAWADA MUFFASIL District- Nawada
======================================================
Surendra Kumar S/O Ashwani Kumar R/O VILLAGE- Bhalua, P.S. -
Nardiganj, DISTRICT- Nawada
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Deepak Kumar, Adv.
For the Opposite Party/s : Mr.Ram Naresh Ray, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
3 24-02-2026 Heard Mr. Deepak Kumar, learned counsel for the
petitioner and learned Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail, arises
out of Mufassil Police Station Case No. 411 of 2025, dated
25.09.2025, disclosing the offences punishable under Section
303(2), 317(2) of the BNS lodged by the Informant.
3. The prosecution case, as per the First Information
Report, is that on 25.09.2025, the police proceeded for day
patrolling and received an information that at Dhanarjay river,
sand is being excavated by JCB machine and being loaded on
tractors near village, Sikandarpur. Thereafter, a raid was
conducted, the accused persons managed to escape but the JCB
machine was recovered on the spot. This led to the FIR.
4. Learned counsel for the petitioner submits that
during course of raid, the JCB machine of the petitioner was
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found to be involved in excavation near Dhanarjay river and the
sands were being loaded on the tractors for which the FIR is said
to have been lodged against this petitioner. Though, petitioner
happens to be the owner of the said JCB machine but he is in no
way involved in the said incident. Learned counsel further
submits that the driver of the JCB machine was authorized to
make excavation as per the requirement of the brick kiln owner
but said to have exceeded his jurisdiction and got himself
involved in the illegal excavation of the sand in the river, for
which, the petitioner volunteers to deposit Rs. 1,00000/- (One
Lac) before the Mining Officer/Assistant Mining Officer without
accepting his guilt.
5. Learned counsel representing the Department of
mines opposed the prayer for anticipatory bail.
6. Regard being had to the submissions advanced on
behalf of the parties and taking into consideration that there is
nothing on record as to whether sand was excavated and if so, to
what extent of excavation has been made, petitioner happens to be
the owner of the JCB machine and the petitioner is ready to pay Rs.
1,00000/- (One Lac) before the Mining Officer/Assistant Mining
Officer, this Court is inclined to grant the petitioner privilege of
anticipatory bail.
7. The anticipatory application for bail stands allowed.
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8. Let the petitioner, named above, in the event of
his arrest or surrender before the Court below within six weeks
from today, be released on bail on furnishing bail bond of Rs.
10,000/- (ten thousand) with two sureties of the like amount each
to the satisfaction of learned Additional Chief Judicial Magistrate-
1, Nawada in connection with aforesaid Police Station Case
subject to the payment of Rs. 1,00000/- (One Lac) before the
Mining Officer/Assistant Mining Officer along with the
condition as laid down under Section 482 (2) of the B.N.S.S.
2023, as well as the following conditions:-
(i) one of the bailors should
be the family member/relative of the
petitioner(s) who shall provide official
document to show his/her bona fide;
(ii) the petitioner(s) shall
appear on each and every date before
the Trial Court and failure to do so for
two consecutive dates without plausible
reason will entail cancellation of his bail
bond by the Trial Court itself;
(iii) the petitioner(s) shall in
no way try to induce or promise or
threat the witnesses or tamper with the
evidences, failing which the State shall
be at liberty to take steps for
cancellation of the bail
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(iv) the petitioner(s) shall
desist from committing any criminal
offence again, failing which the State
shall be at liberty to take steps for
cancellation of his/her bail bonds.
(Ajit Kumar, J)
perwez
U T
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