Patna High Court
Binay Kumar Mandal @ Binay KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The Court held that the petitioners should be released on bail subject to conditions, as the allegations were vague and the risk of false implication warranted the exercise of inherent powers.
Summary
The petitioners, two brothers, were implicated in a sand‑mining case (Chanan PS Case No. 118 of 2023) under Sections 379 and 411 of the IPC, Section 21 of the Mines and Minerals (Development and Regulation) Act, 1957 and Rule 56(2) of the Bihar Mining (CPIMTS) Amendment Rules, 2021. They argued that the only basis for their accusation was the sighting of a motorcycle, which they claimed belonged to the elder brother, and that the allegations were vague and possibly motivated by enmity. The State and the Department of Mines contended that the brothers were involved in illegal sand storage and that the motorcycle was found at the site. The Court, noting the remote and vague nature of the allegations and the risk of false implication, exercised its inherent powers under Section 482(2) of the B.N.S.S. and ordered bail for each petitioner on a bond of Rs.10,000 with two sureties, subject to conditions of a close relative as a bailor and attendance in court as required. The order effectively released the petitioners pending trial.
Issues considered
- Whether the petitioners are entitled to bail despite the serious nature of the sand‑mining offences alleged.
- Whether the allegations against the petitioners are sufficiently specific to deny bail.
- Whether Section 482(2) of the B.N.S.S. can be invoked to grant bail in this circumstance.
Legislation cited
- B.N.S.S. — s. 482(2)
- Indian Penal Code — s. 379, 411
- Mines and Minerals (Development and Regulation) Act, 1957 — s. 21
Subjects
- bail
- illegal sand mining
- false implication
- IPC
- MM(D & R) Act
- Section 482
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27733 of 2026
Arising Out of PS. Case No.-118 Year-2023 Thana- CHANAN District- Lakhisarai
======================================================
1. Binay Kumar Mandal @ Binay Kumar Son of Gorelal Mandal Resident of
Village -Churamanbigha P.S. -Chanan District -Lakhisarai
2. Ajay Kumar Ajay son of Gorelal Mandal Resident of Village
-Churamanbigha P.S. -Chanan District -Lakhisarai
... ... Petitioner/s
Versus
1. The State of Bihar
2. The Mining Inspector, Lakhisarai Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sanjeev Kumar, Advocate
For the State : Mr.Surendra Prasad Singh, APP
For the Deptt. of Mines : Mr. Utsav Anand, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 30-04-2026 Heard learned counsel for the petitioners and learned
APP for the State as well as learned counsel appearing on behalf
of Department of Mines.
2. In the present case, the petitioners are
apprehending their arrest in connection with Chanan P.S. Case
No. 118 of 2023 registered for the offences under Sections 379,
411 of Indian Penal Code, Section 21 of MM(D & R) Act, 1957
and Rule 56(2) of BM (CPIMTS) Amendment Rules, 2021.
3. As per prosecution case, the informant found
2000 CFT of sand stored on a government land and on enquiry
Patna High Court CR. MISC. No.27733 of 2026(2) dt.30-04-2026
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the informant came to know about petitioners, who were found
involved in illegal storage of the sand.
4. Learned counsel for the petitioners submits that
the petitioners have been made accused in this case mainly on
the ground that the accused was seen running away on a
motorcycle from the storage site and the said motorcycle
belongs to petitioner no. 1 and petitioner no. 2 is his brother.
The petitioners have not committed any offence and they are
innocent. The sand was stored in the land and petitioners have
no concern with the said land or the stored sand. Petitioner no. 2
is a Press Reporter of Dainik Jagran Newspaper and has been
covering Assembly election and he along with his brother has
been made accused due to the enmity with the officials. The
petitioners are having clean antecedent.
5. Learned APP as well as learned counsel appearing
on behalf of Department of Mines vehemently oppose the
submission made on behalf of the petitioners. Learned counsel
for the Department of Mines submits that the petitioners were
involved in the illegal mining of sand and their motorcycle was
parked at the place where the sand was stored and were found.
6. Having regard to the facts and circumstances and
submissions made on behalf of the parties and considering the
Patna High Court CR. MISC. No.27733 of 2026(2) dt.30-04-2026
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remote and vague nature of allegation and possibility of false
implication, let the petitioners above named, in the event of their
arrest or surrender before the court concerned within a period of
eight weeks from today, be released on bail, on furnishing bail
bonds of Rs.10,000/- (Rupees Ten Thousand Only) each with
two sureties of the like amount each to the satisfaction of
learned Additional Chief Judicial Magistrate-II,
Lakhisarai/concerned court in connection with Chanan P.S. Case
No. 118 2023, subject to the condition as laid down under
Section 482(2) of the B.N.S.S. and other following conditions :
(i) One of the bailors will be a close
relative of the petitioners.
(ii) The petitioners will remain present
on each and every date fixed by the
court below, if so required by the
learned trial court.
(Arun Kumar Jha, J)
DKS/-
U T
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