Patna High Court
Chhotu YadavversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted anticipatory bail to the petitioners subject to conditions under Section 482(2) of the BNS.
Summary
Petitioners Chhotu Yadav and Chandan Kumar filed an anticipatory bail application fearing arrest in a case (Mufassil P.S. No. 367 of 2025) alleging illegal sand excavation under several sections of the Bihar Non‑Statutory (BNS) provisions, the Mines and Minerals Act and related rules. The prosecution alleged that a group, including the petitioners, was involved in illegal sand mining, citing tractors loaded with sand, but no direct material was recovered from the petitioners. The petitioners contended they were innocent, not owners or drivers of the tractors, and had no criminal antecedent, noting that similarly situated co‑accused had already been granted anticipatory bail. The State opposed the bail. After hearing both sides, the court decided to grant anticipatory bail, directing the petitioners to surrender within four weeks and to furnish a bail bond of Rs.10,000 with two sureties, subject to conditions under Section 482(2) of the BNS.
Issues considered
- Whether the petitioners are entitled to anticipatory bail in the alleged illegal sand mining case.
Legislation cited
- Mines and Minerals Act — s. 21
Subjects
- anticipatory bail
- illegal sand mining
- Bihar Non‑Statutory
- Mines and Minerals Act
- Section 482 CrPC
- bail conditions
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1541 of 2026
Arising Out of PS. Case No.-367 Year-2025 Thana- GAYA MUFASIL District- Gaya
======================================================
1. Chhotu Yadav Son of Late Jagdish Yadav Resident of Village - Nauranga,
Ps- Muffasil, Dist- Gayaji
2. Chandan Kumar Son of Surendra Yadav Resident of Village - Nima, Present
Resident of village- Bhusunda, Ps- Muffasil, Dist- Gayaji
... ... Petitioner/s
Versus
1. The State of Bihar
2. Pricipal Secretary Department of Mines and Geology Govt. of Bihar, Patna
bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Priya Ranjan, Advocate
For the Opposite Party/s : Mr. Md. Aslam Ansari, APP
For the Mines : Mr. Naresh Dikshit, Spl. P.P., Mines
Mr. Utkarsh Pathak, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
4 19-03-2026 Heard learned counsel for the petitioners, learned
APP for the State and learned counsel for the Mines.
2. The instant application for anticipatory bail has
been filed by the petitioners apprehending their arrest in
connection with Mufassil P.S. Case No. 367 of 2025 instituted
for the offence under Sections 111(3), 111(4), 303(2), 317(2),
317(4), 317(5) and 61(2) of BNS and Section 21 of Mines and
Mineral Act and Rule 56 of Bihar Minerals (Concession
Prevention of Illegal Mining Transportation and Storage) Rules,
2021.
Patna High Court CR. MISC. No.1541 of 2026(4) dt.19-03-2026
2/3
3. The case of the prosecution is that informant
received information that a group of persons are indulged in
illegal excavation of sand. On this information, the informant
went there with his associates. It is further alleged that
altogether 23 named persons and 35-40 unknown persons are
indulged in illegal excavation of the sand.
4. Learned counsel appearing on behalf of the
petitioners has submitted that petitioners are innocent and have
committed no offence. They have falsely been implicated in this
case. He has submitted that as per the case of the prosecution,
certain tractors were found loaded with sand. Petitioners are
neither the owner nor the driver of any of the said tractors. No
any concrete material has come against the petitioners. Nothing
has been recovered from their possession. There is no any
specific overt act against them rather the nature of allegation is
general and omnibus. A statement has been made in para-3 of
this petition that the petitioners have got no criminal antecedent.
Similarly situated other co-accused persons have already been
granted anticipatory bail by learned co-ordinate Bench of this
court vide Cr. Misc. No. 4915 of 2026.
5. In contra, learned APP appearing for the State has
opposed the prayer of bail of the petitioners.
Patna High Court CR. MISC. No.1541 of 2026(4) dt.19-03-2026
3/3
6. Having heard learned counsel for the parties and in
the facts and circumstances of the case as stated above, this
Court is inclined to enlarge the petitioners on bail. The
petitioners are directed to surrender in the Court below within a
period of four weeks from today and in the event of their arrest
or surrender in connection with Mufassil P.S. Case No. 367 of
2025, they will be enlarged on bail on furnishing bail bond of
Rs. 10,000/- (Rupees ten thousand) each with two sureties of the
like amount each to the satisfaction of learned C.J.M., Gaya
subject to the conditions as laid down under section 482(2) of
B.N.S.S.
(Ashok Kumar Pandey, J)
shubham/-
U T
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