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Patna High Court

Santosh SinghversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The Court granted bail to the petitioner subject to a bond and conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.

Summary

Santosh Singh sought bail after anticipating arrest in a case registered under Sections 379 and 411 of the Indian Penal Code for allegedly stockpiling 7,400 cubic feet of illegal sand. He contended that he was falsely implicated, that no incriminating material was found in his possession, and that he had no prior criminal record. The State and the Mining Department opposed the bail application. The Court examined the nature of the allegations, the petitioner’s clean antecedent, and his willingness to cooperate, and decided to grant bail subject to a bond of Rs.10,000 with two sureties and conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita. The order directs the petitioner to surrender within six weeks if arrested.

Issues considered

  • Whether bail should be granted to the petitioner despite allegations under IPC Sections 379 and 411
  • Whether the petitioner’s clean antecedent and lack of seized material justify bail
  • Application of Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita in granting bail

Legislation cited

Subjects

  • bail
  • illegal sand mining
  • IPC 379
  • IPC 411
  • Bharatiya Nagarik Suraksha Sanhita
  • criminal procedure

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                             CRIMINAL MISCELLANEOUS No.2346 of 2026
                    Arising Out of PS. Case No.-502 Year-2020 Thana- DEHRI TOWN District- Rohtas
                 ======================================================
                 Santosh Singh Son of Langa Singh @ Lal Babu Singh Resident of Village -
                 Bheriya, P.S.- Dehari Town, District - Rohtas.

                                                                                 ... ... Petitioner/s
                                                      Versus
           1.    The State of Bihar
           2.    Mining Department Dehri, Rohtas

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s  :         Mr. Ajay Kumar Singh, Advocate
                 For the State         :         Mr. Anil Kumar, APP
                 For Mining Department :         Mr. Naresh Dikshit, Spl. P.P.
                                                 Ms. Shruti Singh, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER

4   19-03-2026                          Heard learned counsel for the petitioner and

                   learned A.P.P. for the State and learned Spl. P.P. for the Mining

                   Department.

                                   2. The petitioner apprehends his arrest in a case

                   registered under Sections 379 and 411 of the Indian Penal Code.

                                  3.    It is alleged that petitioner is involved in

                   stockpiling 7,400 cubic feet of illegal sand.

                                  4.   Learned counsel appearing on behalf of the

                   petitioner submits that petitioner is innocent and has falsely

                   been implicated in the present case on the basis of suspicion.

                   Further submission is that nothing incriminating material has

                   been recovered from the conscious possession of the petitioner.
            Patna High Court CR. MISC. No.2346 of 2026(4) dt.19-03-2026
                                                        2/2




                      Petitioner has no concern with the seized sand, tractor or place

                      of occurrence. Petitioner has got no criminal antecedent and he

                      undertakes to cooperate in the investigation and trial.

                                      5. Learned A.P.P. for the State and learned Spl. P.P.

                      for the Mining Department opposed the prayer for bail.

                                     6. Having considered the facts and circumstances of

                      the case, submissions of learned counsel for the parties, nature

                      of allegation against the petitioner and his clean antecedent, let

                      the above named petitioner be released on bail, in the event of

                      arrest or surrender before the learned court below within a

                      period of six weeks from today, on furnishing bail bond of

                      Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like

                      amount each to the satisfaction of learned Chief Judicial

                      Magistrate, Rohtas at Sasaram in connection with Dehari Nagar

                      P.S. Case No. 502 of 2020, subject to the conditions as laid

                      down under Section 482(2) of the Bharatiya Nagarik Suraksha

                      Sanhita.



                                              (Sunil Dutta Mishra, J)
utkarsh/-

U       T


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