Patna High Court
Ramesh Kumar @ Bhikhari MahtoversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court held that anticipatory bail may be granted to petitioners 1‑5 subject to bail bond and surety conditions under Section 482(2) of the BNSS.
Summary
The petitioners, six residents of Bhorambag village, sought anticipatory bail in a case registered under Sections 305(e) and 317(4) of the Bharatiya Nyaya Sanhita for alleged illegal sand mining from the Naki river. The State and the Mines Department opposed the bail, alleging that 15,114 cft of sand was seized and the petitioners were identified by villagers. The petitioners contended they were falsely implicated, had clean antecedents (except petitioner No.1 with two prior cases), and would cooperate with the investigation. The court allowed the withdrawal of the anticipatory bail application for petitioner No.6, who had already been arrested. For petitioners No.1 to 5, the court granted anticipatory bail on the condition of furnishing a bail bond of Rs.10,000 with two sureties, subject to the provisions of Section 482(2) of the BNSS.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Sections 305(e) and 317(4) of the Bharatiya Nyaya Sanhita.
- Whether the petitioners can be deemed falsely implicated based on the informant’s testimony and lack of direct seizure.
- Whether the court may impose bail conditions under Section 482(2) of the BNSS.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 305(e), 317(4), 482(2)
Subjects
- anticipatory bail
- illegal sand mining
- Bharatiya Nyaya Sanhita
- Section 305
- Section 317
- Section 482
- false implication
- environmental offence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2762 of 2026
Arising Out of PS. Case No.-193 Year-2025 Thana- KAUWAKOL District- Nawada
======================================================
1. Ramesh Kumar @ Bhikhari Mahto S/O Durga Mahto Resident of Village-
Bhorambag, P.S.-Kawakole, District-Nawada
2. Sudhir Pandit S/o Kishori Pandit Resident of Village-Bhorambag, P.S.-
Kawakole, District-Nawada
3. Chhotu Yadav @Satyaprakash @ Chotu Yadav S/o Bachchu Yadav Resident
of Village-Bhorambag, P.S.-Kawakole, District-Nawada
4. Rajesh Kumar @ Rajesh Yadav S/o Bachu Yadav Resident of Village-
Bhorambag, P.S.-Kawakole, District-Nawada
5. Sonu Kumar @ Sonu @ Dimpal Yadav S/o Naresh Yadav Resident of
Village-Bhorambag, P.S.-Kawakole, District-Nawada
6. Manjit Kumar S/o Gulu Yadav Resident of Village-Bhorambag, P.S.-
Kawakole, District-Nawada
... ... Petitioner/s
Versus
1. The State of Bihar
2. Mines Department Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sheo Kumar Prasad
For the Opposite Party/s : Mr.Jharkhandi Upadhyay, APP
Mr. Naresh Dikshit, Adv
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 28-04-2026 1. Heard learned counsel for the petitioner, learned
A.P.P. for the State and learned counsel appearing on behalf of
the Mines Department.
2. Learned counsel for the petitioner seeks permission
to withdraw the anticipatory bail application with respect to
Petitioner No. 6 (Manjit Kumar), who was arrested during
pendency of the instant anticipatory bail application.
Patna High Court CR. MISC. No.2762 of 2026(2) dt.28-04-2026
2/3
3. Permission is accorded.
4. Accordingly, the anticipatory bail application is
dismissed as withdrawn with respect to Petitioner No. 6 ( Manjit
Kumar).
5. The petitioners apprehend their arrest in a case
registered for the offences punishable under Sections 305(e),
317(4) of the Bharatiya Nyaya Sanhita.
6. Learned counsel for the petitioners submits that
petitioner no. 1 has antecedent of two cases and rest of the
petitioners are persons with clean antecedent and the informant
alleges that raid was conducted for seizing illegally mined sand
from Naki river and 15114 cft sand was found illegally mined
and the villagers disclosed the name of petitioners, further the
accused are liable for payment of fine for illegally mining sand.
7. Learned counsel for the petitioners submits that
petitioners have been falsely implicated in the instant case by
the informant. It is next submitted that petitioners were not
apprehended from the spot as such it cannot be presumed that
sand was illegally mined by them. It is also submitted that
though informant alleges that villagers informed that the sand
was illegally mined by the petitioners but then the name of the
person who disclosed the name of the petitioners is not
Patna High Court CR. MISC. No.2762 of 2026(2) dt.28-04-2026
3/3
disclosed in the FIR, which casts an aspersion on the case of the
prosecution, when petitioners have not been implicated based on
secret information. It is also submitted that it appears that the
informant with a view to save the real culprit falsely implicated
the petitioners. It is next submitted that petitioners will not
abscond rather will cooperate in the investigation to prove their
innocence.
8. Learned A.P.P. and learned counsel appearing on
behalf of the Mines Department opposes the prayer for
anticipatory bail of the petitioners.
9. Considering the submissions made by the learned
counsel for the petitioners, the petitioner nos. 1 to 5 above-
named, in the event of their arrest or surrender within a period
of six weeks from today, be released on anticipatory bail on
furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand)
with two sureties of the like amount each to the satisfaction of
the learned trial court where the case is pending/successor court
in connection with Kawakol P.S. Case No.193/2025, subject to the
conditions as laid down under Section 482 (2) of the BNSS.
(Satyavrat Verma, J)
Sumit/-
U T
Checking your session…