Patna High Court
Sunil Kumar @ Sunil MukhiyaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANIL KUMAR SINHA
Holding
Anticipatory bail was granted to the petitioner.
Summary
The petitioner, Sunil Kumar, sought anticipatory bail after being implicated in a case of illegal sand mining under sections 303(2) and 317(2) of the B.N.S., 2023 and sections 4 and 21 of the Mines and Minerals (Development and Regulation) Act, 1957. Police seized about 100 cubic feet of sand from a tractor at a sand ghat and alleged that the petitioner stored 10,000 cubic feet of sand near the ghat. The petitioner contended that he neither owned nor drove the tractor, had no knowledge of the sand storage, and that his name was disclosed only by the arrested driver, who had no connection with him. The Mines and Minerals Department argued that the co‑accused’s statement linked the petitioner to the storage. Considering the open‑space nature of the storage, the lack of any criminal antecedent, and the reliance on a co‑accused’s testimony, the court inclined to grant anticipatory bail. The court ordered the petitioner to be released on anticipatory bail upon furnishing a bail bond of Rs. 10,000 with two sureties, subject to conditions under Section 482(2) of the B.N.S., 2023.
Issues considered
- Whether anticipatory bail should be granted to the petitioner despite allegations of involvement in illegal sand mining.
- Whether the testimony of a co‑accused driver is sufficient to implicate the petitioner.
- Whether the lack of criminal antecedent and the open‑space nature of the alleged sand storage justify bail.
Legislation cited
- B.N.S., 2023 — s. 303(2), 317(2), 482(2)
- Mines and Minerals (Development and Regulation) Act, 1957 — s. 21, 4
Subjects
- anticipatory bail
- illegal sand mining
- co‑accused testimony
- criminal antecedent
- Section 303
- Section 317
- Mines and Minerals Act
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1659 of 2026
Arising Out of PS. Case No.-567 Year-2025 Thana- DAUDNAGAR District- Aurangabad
======================================================
Sunil Kumar @ Sunil Mukhiya Son of Ram Naresh Singh R/o Village- Purna
Bigha, P.S.- Daudnagar, District- Aurangabad, (Bihar)
... ... Petitioner/s
Versus
1. The State of Bihar Bihar
2. The Mines and Minerals Deptt. through the District Mining Officer,
Aurangabad Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ramakant Singh
For the Opposite Party/state : Mr.Binod Kumar , APP
For Mines & Mineral Deptt :Mr. Naresh Dikshit
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
4 05-05-2026 1. Heard the parties.
2. The petitioner apprehends his arrest in connection
with Daudnagar P.S. Case No. 567 of 2025 dated
30.08.2025 registered under Section 303(2), 317(2) of the
B.N.S., 2023 and Section 4, 21 of Mines and Minerals
( Development and Regulation) Act, 1957.
3. As per the F.I.R. on 30.08.2025 at about 2:30 P.M.
the informant with the Police force raided a sand ghat at Purna
Bigha near Sone river and on seeing the Police party the driver
of a tractor tried to flee away but the tractor was intercepted
upon which about 100 CFT of sand extracted illegally from the
ghat was loaded and was seized by the Police. It has further
Patna High Court CR. MISC. No.1659 of 2026(4) dt.05-05-2026
2/3
been alleged that the Police inquired from the arrested person
about the storage of the sand near the ghat having about 10,000
Cubic Feet upon which the informant was informed that storage
of the sand was done by the petitioner.
4. Learned counsel for the petitioner submits that
petitioner is neither the owner of the tractor nor the driver. The
driver who was driving the tractor was having no connection
with the petitioner. 100 CFT of illegally mined sand was kept on
the tractor and the petitioner had no knowledge about the
storage of the sand near the ghat. The name of the petitioner has
transpired on the basis of disclosure of his name by the arrested
co-accused i.e. driver of the tractor owned by one Ramautar
Kumar having no connection with the petitioner. It is not the
case of prosecution that storage of illegally mined sand was kept
in the warehouse belonging to the petitioner or the land owned
by him or taken on lease by the petitioner. The petitioner is
having no criminal antecedent.
5. On the other hand, learned counsel for the Mines
and Minerals Department opposed the prayer for anticipatory
bail and submits that the name of the petitioner was disclosed by
the arrested co-accused i.e. driver of the tractor on whose
vehicle 100 CFT of illegally extracted sand was found and
Patna High Court CR. MISC. No.1659 of 2026(4) dt.05-05-2026
3/3
seized. The storage of 10,000 CFT near the ghat of Sone river
was made by the petitioner.
6. Regard being had to the submission made by the
parties, taking into consideration the fact that 10,000/- CFT of
sand was kept near the river ghat which is an open space
accessible to everyone, the name of the petitioner has been
disclosed by the arrested co-accused and the petitioner is having
no criminal antecedent, accordingly, I am inclined to grant
anticipatory bail to the petitioner.
7. Let the petitioner, above named, be released on
anticipatory bail in the event of arrest or surrender before the
court below within a period of four weeks from today on
furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with
two sureties of the like amount each to the satisfaction of SDJM,
Daudnagar, District- Aurangabad in connection with
Daudnagar P.S. Case No. 567 of 2025 subject to the condition as
laid down under Section 482 (2) of the B.N.S.S. 2023.
(Anil Kumar Sinha, J)
praful/-
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