Patna High Court
Anil SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PARTHA SARTHY
Holding
The Court granted regular bail to the petitioner subject to a bail bond of Rs.10,000 with two sureties.
Summary
Anil Singh was arrested in connection with an FIR alleging illegal mining of sand and participation in a cyber‑crime WhatsApp group that allegedly spied on police movements, under sections 305(e), 317(2), 111 and 3(5) of the Bharatiya Nyaya Sanhita, 2023. He filed an application for regular bail, claiming the allegations were false, that he had no involvement with the seized tractor or sand, and that he would cooperate with the investigation. The State and the Department of Mines opposed bail, contending that the petitioner was an active participant in the illegal mining and its disposal. After hearing both sides, the Patna High Court considered the nature of the allegations and the fact that the petitioner had been in custody since 1 March 2026. The Court ordered that the petitioner be released on bail upon furnishing a bail bond of Rs.10,000 with two sureties of equal amount, to the satisfaction of the Additional Chief Judicial Magistrate‑IV, Nawada.
Issues considered
- What is the appropriateness of granting regular bail to the petitioner accused under sections 305(e), 317(2), 111 and 3(5) of the Bharatiya Nyaya Sanhita, 2023 for alleged illegal mining and cyber‑crime activities?
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 111, 305(e), 317(2), 3(5)
Subjects
- illegal mining
- cyber crime
- bail
- spying on police
- Bharatiya Nyaya Sanhita
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29148 of 2026
Arising Out of PS. Case No.-139 Year-2026 Thana- WARISLIGANJ District- Nawada
======================================================
Anil Singh son of Naresh Singh @ Ram Naresh Singh @ Ram Naresh Prasad
Singh Resident Of Village- Manjaur, Ps- Warisaliganj, Dist- Nawada
... ... Petitioner/s
Versus
1. The State of Bihar
2. The Dept. of Mines and Geology, Govt. of Bihar, Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Md Ejaz Akhtar, Advocate
For the State : Mr. Narsingh Tanti, APP
For the Mines Dept. : Mr. Naresh Dikshit, Spl. PP
Ms. Shruti Singh, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
2 06-05-2026 Heard learned counsel for the parties.
2. The petitioner has preferred this application for
grant of regular bail in connection with Warisaliganj P.S. Case
no. 139 of 2026 registered under sections 305(e), 317(2), 111
and 3(5) of the Bharatiya Nyaya Sanhita, 2023.
3. As per the prosecution case, on having received
information about illegal mining and cyber crime being
committed, the informant states that he reached the place for
verification. Seeing the police personnel the driver fled away
leaving behind a loaded tractor and trailer containing 100 Cft. of
illegally mined sand. The informant further states that a
WhatsApp group had been formed of which the petitioner was
Patna High Court CR. MISC. No.29148 of 2026(2) dt.06-05-2026
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also a member and the petitioner and others are said to have
been giving information with respect to the movement of the
police, acting as a spy.
4. It is submitted by learned counsel for the petitioner
that the petitioner has been falsely implicated in the case. The
allegations levelled are false and concocted. The petitioner has no
concern with the vehicle/tractor in question nor with the sand
recovered from the trailer attached to the tractor. The allegation of the
petitioner acting as a spy giving information about the police
movement are all false and concocted. He is in custody since
1.3.2026 and undertakes to cooperate in the investigation.
5. The application for bail is opposed by learned
counsel appearing for the Department of Mines. It is submitted
that from the allegations levelled in the FIR, it would transpire
that the petitioner is an active participant in illegal mining of the
sand and in assisting in its disposal.
6. Having heard learned counsel for the parties and
taking into consideration the nature of allegation against the
petitioner in the FIR together with the petitioner having
remained in custody since 1.3.2026, the Court directs the
petitioner to be enlarged on bail in connection with Warisaliganj P.S.
Case no. 139 of 2026 on furnishing bail bond of Rs.10,000/- (Rupees
Patna High Court CR. MISC. No.29148 of 2026(2) dt.06-05-2026
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Ten Thousand) with two sureties of the like amount each to the
satisfaction of the learned Additional Chief Judicial Magistrate-
IV, Nawada.
(Partha Sarthy, J)
sauravkrsinha/-
U T
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