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Patna High Court

Kundan Singh @ Kundan KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The petitioner is entitled to bail upon furnishing a bond of Rs 10,000 with two sureties.

Summary

Kundan Singh, also known as Kundan Kumar, was arrested in connection with an alleged illegal sand‑mining offence (PS case No.246 of 2025) and has been in custody since 10 March 2026. He applied for bail, contending that the lower court’s order incorrectly recorded four antecedent cases when only two existed, and that no sand or tractor was seized at the scene, only a motorcycle belonging to his wife. The petitioner relied on Sections 303(2), 132, 111 and 3(5) of the B.N.S. and argued that the case had not been instituted under the Bihar Minor Mineral Concession Rules, 1972. The State and the Department of Mines were unable to rebut these submissions. The High Court, after considering the arguments, held that the petitioner’s contentions were credible and ordered his release on bail upon furnishing a bond of Rs 10,000 with two sureties. The application for bail was therefore allowed.

Issues considered

  • Whether the petitioner is entitled to bail despite the alleged discrepancy in the number of antecedent cases.
  • Whether the absence of seizure of sand or tractor undermines the charge of illegal sand mining.

Legislation cited

Subjects

  • bail
  • illegal sand mining
  • antecedent cases
  • seizure of property
  • Bihar Minor Mineral Concession Rules
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.28723 of 2026
                     Arising Out of PS. Case No.-246 Year-2025 Thana- AKBARPUR District- Nawada
                 ======================================================
                 Kundan Singh @ Kundan Kumar son of Arun Singh Resident of Village-
                 Kulna PS -Akbarpur Dist- Nawada
                                                                  ... ... Petitioner/s
                                                 Versus
           1.     The State of Bihar
           2.    The District Mining officer, Nawada
                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Shashank Chandra
                 For the Opposite Party/s :      Mr. Chandra Bhushan Prasad- A.P.P.
                 For Deptt. Of Mines      :      Mr. Naresh Dikshit
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   01-05-2026                  1. Heard learned counsel for the petitioner, learned

                   APP for the State and the learned counsel appearing on behalf of

                   the Department of Mines.

                                2. The petitioner seeks bail in a case registered for the

                   offences punishable under Sections 303(2), 132, 111 and 3(5) of

                   the B.N.S.

                                3. The learned counsel for the petitioner submits that

                   in the order impugned, it is recorded that petitioner has

                   antecedent of four cases when petitioner has antecedent of two

                   cases only as pleaded at Para-3 of the regular bail application,

                   further clarified by pleading made at Para-15 of the regular bail

                   application. It is further submitted that the petitioner is in

                   custody since 10.03.2026 and has antecedent of two cases. It is

                   further submitted that though allegation is of illegal sand mining
               Patna High Court CR. MISC. No.28723 of 2026(2) dt.01-05-2026
                                                           2/2




                         but then the case has not been instituted Bihar Minor Mineral

                         Concession Rules, 1972. It is also submitted that neither tractor

                         nor sand was seized at the place of occurrence, but then a

                         motorcycle was seized which was in name of the wife of the

                         petitioner, thus the petitioner came to be implicated in the

                         instant case.

                                      4. Learned A.P.P. as well as the learned counsel

                         appearing on behalf of the Department of Mines is not in a

                         position to rebut the submission of the learned counsel

                         appearing on behalf of the petitioner that neither sand nor tractor

                         was seized from place of occurrence.

                                      5. Considering the submissions made by the learned

                         counsel for the petitioner, the petitioner, above-named, is

                         directed to be released on bail on his furnishing bail-bonds in

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

                         sureties of the like amount each to the satisfaction of learned

                         Court below where the case is pending in connection with

                         Akbarpur P. S. Case No.246 of 2025.

                                      6. The application stands allowed.


                                                   (Satyavrat Verma, J)
vikash/-

U          T


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