Patna High Court
Bhola KapriversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court granted anticipatory bail to the petitioner subject to a bail bond of Rs.10,000, two sureties of equal amount, and a deposit of Rs.1,31,250 as directed.
Summary
The petitioner, Bhola Kapri, was implicated in an FIR alleging illegal storage and transportation of sand, violating Sections 379 and 411 of the IPC, Sections 4(1) and 21 of the MMDR Act, 1957, and Sections 11 and 41 of the BMCPIMTS Rules, 2019. A raid on his land uncovered 1,000 cubic feet of sand and a revenue loss of Rs.1,31,250 was assessed. The petitioner sought anticipatory bail, offering to deposit the alleged loss amount. The High Court, considering the petition, granted anticipatory bail under Section 438(2) of the CrPC and Section 482(2) of the B.N.S.S., imposing a bail bond of Rs.10,000, two sureties of the same amount, and a mandatory deposit of the assessed loss. The order was made without delving into the merits of the underlying case, and it stipulated that failure to comply could lead to cancellation of bail.
Issues considered
- Whether anticipatory bail can be granted in a case involving alleged illegal sand mining under the IPC, MMDR Act and BMCPIMTS Rules.
- Whether the court may condition anticipatory bail on the deposit of the assessed revenue loss.
- Whether the imposition of a bail bond and sureties under Section 438(2) CrPC and Section 482(2) B.N.S.S. is permissible.
Legislation cited
- B.N.S.S. — s. 482(2)
- Code of Criminal Procedure — s. 438(2)
- Indian Penal Code — s. 379, 411
- Mines and Minerals (Development and Regulation) Act, 1957 — s. 21, 4(1)
Subjects
- anticipatory bail
- illegal mining
- sand mining
- IPC
- MMDR Act
- bail conditions
- revenue loss
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1801 of 2026
Arising Out of PS. Case No.-305 Year-2024 Thana- RAJAON District- Banka
======================================================
Bhola Kapri S/o- Late Lakhan Kapri Resident of village- Navtolia PS-
Rajoun, Dist- Banka
... ... Petitioner/s
Versus
1. The State of Bihar
2. The Director, Department of Mines and Minerals Bihar, Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Pankaj Kumar
For the Opposite Party/s : Mr.Lalan Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 29-01-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends her arrest in a case
registered for the offence under Sections 379, 411 of the Indian
Penal Code, Sections 4(1), 21 of the MMDR Act, 1957 and
Sections 11, 41 of the BMCPIMTS Rules, 2019.
3. As per F.I.R., a raid was conducted on 25.06.2024
at about 1 PM on Nereepa Road for illegal storage of sand and
1000 cubic feet illegally mined sand was found stored on the
land, which belongs to this petitioner and no document
regarding sand was produced, which suggests that this petitioner
is involved in illegal mining and transportation of sand. The
department has assessed the loss of revenue to the tune of Rs.
1,31,250/-.
4. Learned counsel for the petitioners submits that
Patna High Court CR. MISC. No.1801 of 2026(2) dt.29-01-2026
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petitioner is ready to deposit the alleged amount.
5. In the facts and circumstances of the case, let the
above named petitioner, in the event of arrest/surrender within a
period of eight weeks from today, be enlarged 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
Chief Judicial Magistrate, Banka in connection with Rajoun
Case No. 305 of 2024, subject to condition as laid down under
Section 438(2) of the Code of Criminal Procedure / Section
482(2) of the B.N.S.S. with further following conditions:
“(A) At the time of furnishing bail-bond, the
petitioner shall deposit Rs. 1,31,250/- (one lakh
thirty one thousand two hundred fifty only)
through bank draft in favour of District Mining
Officer, Banka.
(B) If petitioner fails to comply the direction of
this Court, the learned Trial Court would be at
liberty to cancel the bail-bond of petitioner.”
6. It is made clear that aforesaid order has been
passed only for considering the prayer for grant of anticipatory
bail to this petitioner, without going into the merit of the case.
(Prabhat Kumar Singh, J)
anay
U T
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