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Patna High Court

Anil SinghversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                                       3/3




                     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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