Patna High Court
Mukesh KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PURNENDU SINGH
Holding
The Court held that the petitioners are entitled to pre‑arrest bail after depositing the compounding fee and any penalty, subject to the conditions prescribed.
Summary
The petitioners, Karu Yadav and Mukesh Kumar, were arrested in connection with an FIR alleging illegal sand mining and were charged under several sections of the Bihar National Security (BNS) Act and Section 15 of the Environment Protection Act. They applied for pre‑arrest bail, contending that the offences are compoundable under Section 56(2) of the Bihar Minerals (Concession, Prevention of Illegal Mining Transportation and Storage) Amendment Rules and offered to deposit the required compensation. The State opposed the bail, arguing the seriousness of the offences. The Court directed the petitioners to pay the compounding fee and any penalty to the District Mining Officer, who must certify the compounding within three weeks. Upon receipt of the certificate, the petitioners were to be released on bail, subject to surrender before the District Court within two weeks and verification of any prior criminal antecedents. The bail application was consequently disposed of with conditional pre‑arrest bail granted.
Issues considered
- Whether the offences alleged under the BNS Act and the Environment Protection Act are compoundable under Section 56(2) of the Bihar Minerals (Concession, Prevention of Illegal Mining Transportation and Storage) Amendment Rules.
- Whether pre‑arrest bail can be granted pending the compounding of the offence and payment of the penalty.
- What conditions, if any, should be imposed on the grant of pre‑arrest bail in this context.
Legislation cited
Subjects
- pre‑arrest bail
- illegal mining
- compounding of offence
- environmental law
- Bihar Minerals Rules
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14788 of 2026
Arising Out of PS. Case No.-928 Year-2025 Thana- NAWADA District- Nawada
======================================================
Karu Yadav, son of Chando Yadav, Resident of Vill.- Musan Bigha, P.S. +
District- Nawada
... ... Petitioner/s
Versus
1. The State of Bihar
2. Santosh Prakash Jha S/O Late Kaushal Jha R/O Vill and Post.- Maubaihat,
P.S.- Manigachhi, Dist.- Darbhanga. Presently Posted as Mining Inspector,
Nawada.
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 20980 of 2026
Arising Out of PS. Case No.-928 Year-2025 Thana- NAWADA District- Nawada
======================================================
Mukesh Kumar, Son of Ramdev Yadav, Resident of Musan Bigha, P.S and
Dist- Nawada
... ... Petitioner/s
Versus
1. The State of Bihar
2. Santosh Prakash Jha Late Kaushal Jha Resident of village and Po-
Maubaihat, Ps- Manigachhi, Dist- Darbhanga Presently Posted as Mining
Inspector, Nawada
... ... Opposite Party/s
======================================================
Appearance :
(In CRIMINAL MISCELLANEOUS No. 14788 of 2026)
For the Petitioner/s : Mr. Rajesh Ranjan Kumar, Advocate
For the Opposite Party/s : Mr. Mithlesh Kumar Khare, A.P.P.
(In CRIMINAL MISCELLANEOUS No. 20980 of 2026)
For the Petitioner/s : Mr. Rajesh Ranjan Kumar, Advocate
For the Opposite Party/s : Mr. Jai Narain Thakur, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
3 08-07-2026 Heard learned counsel appearing on behalf of the
petitioners and learned APP for the State.
2. The petitioners seek pre-arrest bail in connection
with Nawada Town P.S. Case No. 928/2025 registered for the
offence(s) punishable under Sections 303(2), 317(3) 112(2)b,
316(2), 61(2), 317(4) of the BNS and Section 15 of the
Patna High Court CR. MISC. No.14788 of 2026(3) dt.08-07-2026
2/3
Environment Protection Act.
3. As per the allegation made in the FIR, five tractors
were seized loaded with illegally extracted sand.
4. Learned counsel appearing on behalf of the
petitioners submitted that offence is compoundable under
Section 56(2) of the Bihar Minerals (Concession, Prevention of
Illegal Mining Transportation and Storage) Amendment Rules
and petitioners seek to deposit the amount of compensation in
accordance with the provision of the said Section.
5. Learned APP for the State vehemently opposed the
prayer for grant of pre-arrest bail.
6. Having heard the rival submissions made on behalf
of parties, as well as, the provision of Section 56(2) of the
Bihar Minerals (Concession, Prevention of Illegal Mining
Transportation and Storage) Amendment Rules, the petitioners
are directed to submit the compounding fee, as well as, the
amount of penalty, if any, before the District Mining Officer
concerned. The District Mining Officer, after being satisfied, is
directed to issue certificate to the extent that the offence has
been compounded after the petitioners have deposited the
required amount of penalty. The above exercise is required to be
carried out within a period of three weeks from the date of
Patna High Court CR. MISC. No.14788 of 2026(3) dt.08-07-2026
3/3
passing of the this order. The District Mining Officer or
competent authority-cum-District Magistrate must not delay to
act upon on or before the expiry of three weeks and
communicate the same to the learned District Court within the
said period. During the time taken in process, no coercive
action is required against the petitioners.
7. Thereafter, the petitioners, above named, are
directed to be released on pre-arrest bail, on such terms and
conditions, as the learned District Court deems it fit and proper,
provided they surrender before the learned District Court
within a further period of two weeks thereafter or the
interim protection granted to them shall lose its force.
8. The learned District Court is directed to verify
the criminal antecedent of the petitioners as stated in
paragraph no. 3 of the bail application. If any other case is
pending against the petitioners as what has been stated in
paragraph no. 3, this order will lose its force automatically.
9. The bail application stands disposed of.
(Purnendu Singh, J)
Niraj/-
U T
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