Patna High Court
Diwakar SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
Holding
The court granted anticipatory bail to the petitioner with specified conditions, including a payment of Rs. 10,000 to the Advocate’s Association.
Summary
Diwakar Singh petitioned the Patna High Court for anticipatory bail after being implicated in a case (Rajoun P.S. Case No. 167 of 2022) involving illegal sand mining, firing, and multiple offences under the Indian Penal Code and the Arms Act. The prosecution alleged that a group, including the petitioner, was involved in excavating sand at a prohibited site and fired 50 rounds when police arrived, seizing five unregistered tractors. The petitioner contended he did not own any tractor, was merely passing through, had no criminal antecedent, and cited that a co-accused had been granted anticipatory bail in a similar case. The court, noting the seriousness of the allegations but also the petitioner's lack of prior record and willingness to cooperate, granted anticipatory bail subject to a payment of Rs. 10,000 to the Advocate’s Association and several conditions, including sureties, regular court appearances, and non‑tampering with witnesses. The order directed that if arrested within four weeks, the petitioner be released on bail upon compliance with the stipulated terms.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under the circumstances of the case
- Whether the court can condition anticipatory bail on payment to the Advocate’s Association
- Whether the petitioner’s lack of criminal antecedent and the grant of bail to a co‑accused justify granting bail
Legislation cited
- Arms Act — s. 27
- Indian Penal Code — s. 147, 148, 149, 186, 307, 323, 332, 333, 353, 504, 506
Subjects
- anticipatory bail
- illegal sand mining
- IPC offences
- Arms Act
- bail conditions
- Bihar
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24760 of 2026
Arising Out of PS. Case No.-167 Year-2022 Thana- RAJAON District- Banka
======================================================
Diwakar Singh S/o Mahendra Singh Resident of Village - Govindpur, P.S -
Amarpur, District – Banka ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Dhananjay Kumar Pandey
For the Opposite Party/s : Mr.Rana Randhir Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
3 07-05-2026 Heard learned counsel for the parties.
2. The petitioner apprehends his arrest in connection
with Rajoun P.S. Case No. 167 of 2022 registered for the
offence under Sections 147, 148, 149, 323, 186, 332, 333, 307,
353, 504, and 506 of the Indian Penal Code and 27 of Arms Act
lodged on 23.04.2022.
3. As per the prosecution story, the informant alleged
that upon a secret information that at prohibited Rampur Ghat at
Chandan river, the accused persons excavating illegal sand,
police reached there but were greeted with 50 rounds of firing, 5
tractors without registration number carrying sand were seized.
Accordingly, the F.I.R.
4. Learned counsel for the petitioner submits that
none of the tractor belong to the petitioner, he being the villager
was just passing over the area, implicated. It is further submitted
that similarly situated co-accused has been granted anticipatory
bail by coordinate Bench of this Court vide order dated
20.07.2024 passed in Cr. Misc. No.25495 of 2024. Further, he
Patna High Court CR. MISC. No.24760 of 2026(3) dt.07-05-2026
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does not have criminal antecedent and is ready to co-operate in
the investigation/diligently appear in the trial.
5. Further the submission is that without accepting the
allegation and/or the outcome of the present petition, the
petitioner intends to pay Rs. 10,000/- on his own to the
Advocate’s Association of the Patna High Court.
6. Learned A.P.P. for the State opposed the prayer
stating that in the midnight, not only there was illegal sand
mining, when the police reached there, they also resorted to
firing.
7. Though the allegation is grave, the same is against
hundred of people, petitioner does not have criminal antecedent
and he is ready to co-operate in the investigation, this Court is
inclined to extend him privilege of anticipatory bail subject to
the payment of Rs. 10,000/- to the Advocate’s Association of the
Patna High Court and receipt has to be submitted.
8. Let the petitioner, above named, in the event of
arrest or surrender within a period of four weeks from the date
of receipt of the order, shall be released on anticipatory bail on
furnishing bail of Rs. 10,000/- (ten thousand) each with two
sureties of the like amount each to the satisfaction of the learned
Court of Chief Judicial Magistrate, Banka in connection with
Patna High Court CR. MISC. No.24760 of 2026(3) dt.07-05-2026
3/3
Rajoun P.S. Case No. 167 of 2022 subject to condition as laid
down under Section 482(2) of the BNSS as well as the
following conditions:
(i) One of the bailors should be the family
member/relative/known of the petitioner(s) who shall provide
official document/ personal affidavit to show his/her bona fide;
(ii) the petitioner(s) shall appear on each and every
date before the Trial Court and failure to do so for two
consecutive dates without plausible reason will entail
cancellation of his/her/their bail bond by the Trial Court itself;
(iii) the petitioner(s) shall in no way try to induce or
promise or threat the witnesses or tamper with the evidences,
failing which the State shall be at liberty to take steps for
cancellation of the bail bonds;
(iv) the petitioner(s) shall desist from committing any
criminal offence again, failing which the State shall be at liberty
to take steps for cancellation of their bail bonds.
(Ajit Kumar, J)
shikha/-
U T
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