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Patna High Court

Lal Babu Kumar @ Niranjan Kumar @ Lalbabu @ Lalbabu KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The Court held that, in view of similar co‑accused being granted anticipatory bail and the petitioner’s cooperation, bail should be granted upon furnishing bond and complying with statutory conditions.

Summary

The petitioner, Lal Babu Kumar, sought anticipatory bail in a case alleging illegal storage of 3,000 C.F.T. sand, invoking Sections 379, 411, 413 of the IPC, Section 21 of the M.M. (D & R) Act, 1957 and Section 56 of the B.M. Rules, 2021. He claimed innocence, alleging political rivalry and procedural irregularities in the seizure list, and pointed out that co‑accused in similar cases had been granted anticipatory bail. The State and the Mines Inspector opposed the bail but acknowledged the earlier bail orders. The Court considered the nature of the allegations, the petitioner’s willingness to cooperate, and the precedent of bail to co‑accused, and ordered that the petitioner be released on bail upon furnishing a Rs.10,000 bond with two sureties and complying with conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. The bail is subject to strict compliance, including appearance before the trial court.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under the applicable provisions of the IPC and mining statutes.
  • Whether procedural irregularities in the preparation of the seizure list affect the grant of bail.
  • Whether the political rivalry alleged by the petitioner is a ground to deny bail.

Legislation cited

Subjects

  • anticipatory bail
  • illegal sand storage
  • political rivalry
  • seizure list
  • bail conditions
  • IPC
  • mining law

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.13245 of 2026
                       Arising Out of PS. Case No.-187 Year-2023 Thana- BELAGANJ District- Gaya
                 ======================================================
                 Lal Babu Kumar @ Niranjan Kumar @ Lalbabu @ Lalbabu Kumar Son of
                 Bhimal Yadav @ Vimal Prasad @ Vimal Yadav Resident of Village -
                 Dalelchak, Police Station - Belaganj, District - Gaya.
                                                                        ... ... Petitioner/s
                                                    Versus
           1.     The State of Bihar.
           2.    The Mines Inspector, Gaya. Bihar.
                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :        Mr. Aryan Singh, Advocate.
                                                  Mr. Gajendra Kumar Singh, Advocate.
                 For the State           :        Mr. Shantanu Kumar, A.P.P.
                 For the O.P. No.2       :        Mr. Naresh Dikshit, Advocate.
                                                  Mr. Utsav Anand, Advocate.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER

3   28-04-2026                   1. Learned counsel for the petitioner is permitted to

                   make necessary correction in paragraph no.3 of the application

                   during the course of the day.

                                 2. Heard learned counsel for the petitioner, learned

                   A.P.P. for the State and learned counsel for the opposite party

                   no.2.

                                 3. The petitioner apprehends his arrest in connection

                   with Belaganj P.S. Case No.187 of 2023 instituted under

                   Sections 379, 411 & 413 of the Indian Penal Code, Section 21 of

                   the M.M. (D & R) Act, 1957 and Section 56 of the B.M. Rules,

                   2021.

                                 4. As per the prosecution case, allegedly illegal

                   storage of 3000 C.F.T. sand was done by the accused persons
Patna High Court CR. MISC. No.13245 of 2026(3) dt.28-04-2026
                                            2/3




          including the petitioner at Imaliyachak Imambada, which caused

          loss to the government exchequer.

                       5. Learned counsel for the petitioner submits that

          petitioner is innocent and has been falsely implicated in this

          case due to political rivalry and enmity with Rajan Kumar @

          Pappu Mukhiya. He further submits that the seizure list has not

          been prepared in accordance with law as the F.I.R. was

          registered after preparation of seizure list. Learned counsel

          submits that on the same day at same Police Station, a different

          F.I.R. bearing Belaganj P.S. Case No.186 of 2023 was registered

          under the same sections against the same accused persons

          including the petitioner. He further submits that similarly

          situated co-accused persons have already been granted

          anticipatory bail by the Co-ordinate Benches of this Court vide

          orders dated 23.08.2024, 23.10.2024, 21.08.2025 & 30.10.2025

          passed in Cr. Misc. Nos.44109 of 2024, 69418 of 2024, 84480

          of 2024 & 20511 of 2025, respectively. Learned counsel submits

          that petitioner undertakes to cooperate in the investigation and

          trial of the case.

                       6. Learned A.P.P. for the State and learned counsel for

          the opposite party no.2 oppose the prayer for anticipatory bail.

          However, they have conceded that other co-accused persons
              Patna High Court CR. MISC. No.13245 of 2026(3) dt.28-04-2026
                                                          3/3




                        have been granted anticipatory bail.

                                     7. Considering the facts and circumstances of the

                        case, submissions of learned counsel for the parties and the

                        nature of allegation leveled against the petitioner as well as the

                        fact that similarly situated co-accused persons had already been

                        granted anticipatory bail, in the event of arrest or surrender

                        before the Court below within six weeks from today, the

                        petitioner be released on bail upon furnishing bail bonds of

                        Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like

                        amount to each to the satisfaction of the learned Chief Judicial

                        Magistrate, Gaya/ concerned Court in connection with Belaganj

                        P.S. Case No.187 of 2023, subject to the conditions laid down in

                        Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023

                        with further following conditions.

                                     (i) The petitioner shall cooperate in the investigation

                        and trial and 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;



                                                (Sunil Dutta Mishra, J)
Ritik/-

U         T


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