Patna High Court
Abhimanyu Kumar @ Munnu SinghversusThe State of Bihar through the Mining Inspector Aurangabad
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail is granted to the petitioner, subject to a bail bond of Rs 10,000 and two sureties, and conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.
Summary
The petitioner, Abhimanyu Kumar, feared arrest in a case of illegal sand mining from the Batane River, where the FIR named another accused, Satyam Chauhan, and several unknown persons. The petitioner was not named in the FIR; his alleged involvement arose solely from a co‑villager’s disclosure. He applied for anticipatory bail, asserting innocence, lack of prior criminal record, and that the FIR did not specifically charge him. The State opposed the bail, arguing the seriousness of the illegal mining allegations. The Court, considering the circumstances, granted anticipatory bail, directing that if arrested within eight weeks the petitioner be released on bail upon furnishing a bond of Rs 10,000 with two sureties, subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.
Issues considered
- Whether anticipatory bail should be granted to a person not named in the FIR but implicated through third‑party disclosure in an illegal mining case.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Bharatiya Nyaya Sanhita — s. 303(2), 317(2), 3(5)
- Bihar Minerals (Prevention of Illegal Mining, Transportation and Storage) Rules, 2003 — s. 11, 18, 39
- Bihar Minerals Rule, 2021 — s. 56
- Mines and Minerals (Development and Regulation) Act, 1957 — s. 21, 4(1)(A)
Subjects
- illegal mining
- anticipatory bail
- FIR
- sand mining
- Bihar
- criminal procedure
- Section 482
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21350 of 2026
Arising Out of PS. Case No.-124 Year-2025 Thana- MUFFASIL District- Aurangabad
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Abhimanyu Kumar @ Munnu Singh S/O Late Basant Singh R/O Vill.-
Bharthauli, P.S- Muffasil, Dist- Aurangabad (Bihar)
... ... Petitioner/s
Versus
The State of Bihar through the Mining Inspector, Aurangabad BIHAR
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Santosh Kumar Pandey, Advocate
For the Opposite Party/s : Mr. Naresh Dikshit, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 05-05-2026 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends arrest in a case registered for
the offences punishable under Sections 303(2), 317(2), 3(5) of
the Bharatiya Nyaya Sanhita, Sections 4(1)(A)/21 of the Mines
and Minerals (Development And Regulation) Act, 1957, Rules
11, 18, 39 of the Bihar Minerals (Prevention of Illegal Mining,
Transportation and Storage) Rules, 2003 and Rule 56 of Bihar
Minerals Rule, 2021.
3. Allegation against the F.I.R. named accused person,
along with 3-4 unknown accused, is of illegal mining and
storage of sand from the bank of Batane River without having
any license and in course of raid, 1000 cubic feet of sand was
recovered.
4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.21350 of 2026(2) dt.05-05-2026
2/2
petitioner is innocent and has committed no offence. Petitioner
is not named in the F.I.R. and his name transpired in this case
merely on the basis of disclosure made by co-villager. F.I.R.
named accused Satyam Chauhan has already been granted
anticipatory bail by coordinate Bench of this Court vide order
dated 11.08.2025 passed in Cr. Misc. No. 50676 of 2025.
Petitioner has got no criminal antecedent of similar nature.
5. Learned A.P.P. for the State vehemently opposed
the bail application.
6. Considering backdrop of the case and nature of
accusation, this anticipatory bail is allowed and it is ordered that
let the above named petitioner in the event of his
arrest/surrender before the court below 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, Aurangabad in connection with Muffasil P. S. Case
No. 124 of 2025, subject to condition as laid down under
Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.
(Prabhat Kumar Singh, J)
Navya/-
U T
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