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Patna High Court

Surendra KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
Patna High Court CR. MISC. No.10216 of 2026(3) dt.24-02-2026
                                            2/4




        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.
Patna High Court CR. MISC. No.10216 of 2026(3) dt.24-02-2026
                                             3/4




                         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
             Patna High Court CR. MISC. No.10216 of 2026(3) dt.24-02-2026
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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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