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Patna High Court

Chhotu YadavversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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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