Patna High Court
Ganesh YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
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
- BNSS — s. 480(3)
- Indian Penal Code — s. 379
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
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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
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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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