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Patna High Court

Ganesh YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that the petitioner is entitled to bail due to the absence of incriminating evidence and the completed investigation.

Summary

Ganesh Yadav was arrested in connection with theft of a land‑lifting excavator and alleged illegal sand mining, charged under Section 379 IPC and Sections 4(i) and 21 of the Bihar Mine and Minerals Development and Regulations Act. He had been in custody since 30 July 2025 and filed a bail petition. His counsel argued that the accusation was based merely on villagers' suspicion, no incriminating material was recovered, and the mining offences are bailable, emphasizing his clean antecedents. The State opposed bail. The court observed that, apart from suspicion, there was no substantive evidence linking the petitioner to the crime and that the investigation was already completed, thus granting bail on a bond of Rs.10,000 with two sureties, subject to Section 480(3) of BNSS.

Issues considered

  • Whether the petitioner is entitled to bail for offences under Section 379 IPC and the Bihar Mine and Minerals Development and Regulations Act.
  • Whether the offences under the Bihar Mine and Minerals Development and Regulations Act are bailable.
  • Whether the lack of incriminating material justifies continued detention.

Legislation cited

Subjects

  • bail
  • theft
  • illegal mining
  • Section 379 IPC
  • Bihar Mine and Minerals Development and Regulations Act
  • bailable offence
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.1842 of 2026
                   Arising Out of PS. Case No.-194 Year-2022 Thana- ALAMNAGAR District- Madhepura
                 ======================================================
                 Ganesh Yadav Son of Late Panchu Yadav @ Late Paochu Yadav Resident of
                 Village - Karuaganj P.S. - Alamnagar, Dist. - Madhepura.

                                                                                ... ... Petitioner/s
                                                      Versus
           1.    The State of Bihar
           2.    Mines Department, Govt. of Bihar, Patna

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Dilip Kumar, Adv.
                 For the Opposite Party/s :      Mr. Md. Fahimuddin, APP
                 For the Mines            :      Mr. Naresh Dikshit, Spl. PP
                                                 Ms. Shruti Singh, Adv.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

2   12-02-2026                       Heard the parties.

                                2. The petitioner seeks bail in connection with

                   Alamnagar P.S. Case No. 194 of 2022 registered for the

                   offence under Section 379 of the IPC and Sections 4(i)

                   and 21 of Bihar Mine and Minerals Development and

                   Regulations Act.

                                3. The petitioner is named in the F.I.R. and is in

                   custody since 30.07.2025.

                                4. The allegation against the petitioner is to

                   commit theft of land lifting vehicle (poclain excavator)
Patna High Court CR. MISC. No.1842 of 2026(2) dt.12-02-2026
                                            2/3




          alongwith other co-accused persons and further alleged to

          involve in illegal mining activities of sand.

                       5. Learned counsel appearing on behalf of the

          petitioner submitted that the name of petitioner surfaced

          on the basis of suspicion as raised through unknown

          villagers. It is submitted that no incriminating material

          recovered/surfaced during the course of investigation,

          which       may      connect        petitioner      with   the   present

          occurrence. It is also submitted that offence as alleged

          under Mining Act is bailable in nature and just to

          aggravate the allegations and make this offence non-

          bailable, present false allegation of theft of vehicle is

          raised through present F.I.R. While concluding the

          argument, it is submitted that petitioner is a man of clean

          antecedent and moreover, investigation of this case is

          completed, for which charge-sheet has been submitted,

          as such, there is no chance of tampering with the

          evidence.

                       6.    Learned APP duly assisted by Ms. Shruti
              Patna High Court CR. MISC. No.1842 of 2026(2) dt.12-02-2026
                                                          3/3




                        Singh learned counsel appearing for the department of

                        Mines opposed the prayer of bail.

                                     7. In view of aforesaid factual submission and by

                        taking note of fact as save and except suspicion nothing

                        appears incriminating against this petitioner, coupled with

                        fact as investigation of this case already completed where

                        petitioner       remains        in      custody     since   30.07.2025,

                        accordingly petitioner above named, is directed to be

                        released on bail in connection with Alamnagar P.S. Case

                        No. 194 of 2022 on furnishing bail bond of Rs. 10,000/-

                        (Rupees Ten Thousand) with two sureties of the like

                        amount each to the satisfaction of learned JM 1 st Class,

                        Udakishunganj, Madhepura /concerned court, subject to

                        the conditions as mentioned under Section 480(3) of

                        BNSS.



                                                                 (Chandra Shekhar Jha, J)
Sudha/-

U         T


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