Patna High Court
Santosh SinghversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
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
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Indian Penal Code — s. 379, 411
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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