Patna High Court
Narendra Kumar @ Nakesh YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
The Court granted anticipatory bail to the petitioner, subject to bond and surety conditions, due to lack of substantive evidence and procedural lapses.
Summary
The petitioner, Narendra Kumar (alias Nakesh Yadav), sought anticipatory bail after a FIR was lodged alleging his involvement in illegal sand mining and storage, with offences under IPC sections 379 and 411, the MM(DR) Act 1957 section 22 and the B.M. Rule 2021 section 56. He argued that his name appeared only on vague suspicion, he had no connection to the recovered sand, and the seizure list was not prepared in accordance with mandatory provisions, further noting that the alleged site was a public place. The Mines Department opposed bail, citing a revenue loss of Rs.10.90 lakh. The Court examined the lack of concrete evidence and procedural lapses in the seizure, concluding that the basis for implication was merely suspicion. Consequently, the Court granted anticipatory bail, subject to a Rs.10,000 bond, two sureties, and compliance with Section 438(2) Cr.P.C. and Section 482(2) BNSS 2023, to be filed within four weeks of arrest or surrender.
Issues considered
- What is the appropriateness of granting anticipatory bail when the accusation is based on vague suspicion and procedural irregularities in seizure?
- Whether the failure to follow mandatory seizure list provisions justifies bail?
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
- Indian Penal Code — s. 379, 411
- Mines and Minerals (Development and Regulation) Act, 1957 — s. 22
Subjects
- anticipatory bail
- illegal mining
- seizure procedure
- suspicion
- procedural lapse
- revenue loss
- public place
- IPC theft
- IPC dishonest removal
- MM Act
- BM Rule
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3011 of 2026
Arising Out of PS. Case No.-685 Year-2023 Thana- BELAGANJ District- Gaya
======================================================
Narendra Kumar @ Nakesh Yadav S/o- Siya Sharan Yadav @ Siyasharan
Yadav Village- Saho Bigha, Sheikhpura, Police Station-Belaganj, District-
Gaya
... ... Petitioner/s
Versus
1. The State of Bihar
2. The District Mines Office, Gaya Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Aryan Singh, Advocate
For the State : Mr. Tarun Prasad Mandal, APP
For the Mines Department: Mr. Naresh Dikshit, Spl.PP
: Ms. Shruti Singh, Advocate
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
2 28-01-2026 Heard learned counsel for the petitioner, learned
A.P.P. for the State and learned counsel for the Mines
Department.
2. The petitioner apprehends his arrest in a case
registered for the offences punishable under Sections 379 and
411 of the Indian Penal Code and Sections 22 of the MM(DR)
Act, 1957 and 56 of the B.M. Rule, 2021.
3. The allegation in the First Information report
relates to illegal mining and storage of sand and the recovery of
the same upon secret information.
4. Learned counsel for the petitioner submits that it
Patna High Court CR. MISC. No.3011 of 2026(2) dt.28-01-2026
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would be evident from the First Information Report itself that
the name of the petitioner has transpired only on some vague
suspicion and as a matter of fact, the petitioner has nothing to do
with the recovered sand in question. It has also been submitted
that the seizure list has been prepared at the place of occurrence,
however there is no independent witness to the said seizure list,
thereby violating the mandatory provisions. Moreover, the
alleged place is a public place which is accessible to all and as
such, no responsibility can be fixed against the petitioner.
5. Learned counsel for the Mines Department
vehemently opposed the prayer for anticipatory bail and submits
that revenue loss to the tune of Rs.10,90,000/- has accrued to the
Department.
6. Taking into consideration the facts and
circumstances and considering that the basis of the implication
of the petitioner is mere suspicion, coupled with the fact that the
mandatory provisions of search and seizure list has not been
followed, let the above named petitioner, be released on bail, in the
event of his arrest or surrender before the learned Court below within
a period of four weeks from today , on furnishing bail bond of Rs.
10,000/- (Rupees Ten Thousand) with two sureties of the like
amount each to the satisfaction of the learned Court below where the
case is pending/successor Court in connection with
Patna High Court CR. MISC. No.3011 of 2026(2) dt.28-01-2026
3/3
Belaganj P.S. Case No. 685 of 2023, subject to the condition as
laid down under Section 438 (2) of the Cr.P.C/ Section 482 (2)
of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023.
(Soni Shrivastava, J)
anand/-
U T
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