Created by Fuzzy Cloud

Patna High Court

Rupesh KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail to the petitioner, subject to conditions, as the evidence did not conclusively establish his participation and his compensation offer was deemed acceptable.

Summary

The petitioner, Rupesh Kumar, sought anticipatory bail in connection with a FIR alleging illegal sand mining and assault on police officials. The prosecution alleged his involvement based on the presence of his name among those identified during a raid. The petitioner argued lack of material linking him to the crime and offered to pay Rs.1,00,000 to the Mining Department as compensation without admitting guilt. The State opposed bail, citing sufficient evidence of complicity, while the Mining Department had no objection to the compensation proposal. The court, considering the petitioner’s willingness to compensate and the absence of conclusive proof, granted anticipatory bail subject to strict conditions, including a bail bond, sureties, and compliance with procedural requirements.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under Section 438 of the CrPC in view of the alleged involvement in illegal mining and assault.
  • Whether the petitioner’s offer to compensate the Mining Department influences the grant of bail.

Legislation cited

Subjects

  • anticipatory bail
  • illegal mining
  • compensation
  • criminal procedure
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.30538 of 2026
                 Arising Out of PS. Case No.-258 Year-2025 Thana- TARIYANI CHOWK District- Sheohar
                 ======================================================
                 Rupesh Kumar S/o- Krishnandan Rai @ Krishnandan Ray R/v- Kolso
                 Motnaje Ps- Tariyani Dist- Sheohar

                                                                                ... ... Petitioner/s
                                                      Versus
           1.    The State of Bihar
           2.    The Department of Mines and Minerals, through its Commissioner, Patna
                 Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Krishna Prabhat, Advocate
                 For the Opposite Party/s :      Mr.Sanjay Kumar Pandey, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
                                       ORAL ORDER

3   24-06-2026                        Heard learned counsel for the petitioner, learned

                   counsel for the Mines and learned Additional Public Prosecutor

                   for the State.

                               2. The petitioner is apprehending his arrest in

                   connection with Tariyani P.S. Case No. 258 of 2025, F.I.R dated

                   16.12.2025 registered for the offences punishable under

                   Sections 126 (2), 115 (2), 109 (1), 132, 3 (5) of the Bharatiya

                   Nyaya Sanhita, 2023 and 21, 56 (2) of Bihar Minerals

                   (Concession Prevention of Illegal Mining, Transportation &

                   Storage) Rule 2019 .

                               3. According to prosecution case, on 15.12.2025 the

                   Mining Inspector, informant, while conducting search raid
Patna High Court CR. MISC. No.30538 of 2026(3) dt.24-06-2026
                                            2/4




          against illegal mining activities intercepted two tractors loaded

          with sand. Upon demand, the drivers failed to produce a valid

          challans and disclosed that Kunal Kumar and others were

          involved in illegal sand mining. It is further alleged that while

          the tractors were being taken to the police station, 08-10

          unknown persons, armed with weapons and lathis, arrived in

          two four-wheelers, attacked the officials with an intention to

          kill, assaulted three personnel, and forcibly got the tractors

          released. Thereafter, on the basis of the occurrence, the names of

          Kunal Kumar, Munna Kumar, Rupesh Kumar, Rinku Kumar and

          other 04-05 unknown persons surfaced in this case.

                      4. Learned counsel for the petitioner submits that there

          is no material to show the involvement of the petitioner in the

          instant case, while there is no plausible explanation with the

          petitioner to revert the presumption that the petitioner is

          involved in illegal mining activities, looking to his antecedent.

                      5. At this stage, the counsel for the petitioner on

          instructions is ready to pay Rs.1,00,000/- to the Mining

          Department without accepting his guilt. The counsel for the

          petitioner further submits that the quantified amount, which

          have been proposed to be paid by the petitioner, may be directed

          to be accepted by the Mining Department in three installments,
Patna High Court CR. MISC. No.30538 of 2026(3) dt.24-06-2026
                                            3/4




          which shall be paid by this petitioner in 06 months.

                      5. On the other hand, learned APP for the State

          opposes the prayer for anticipatory bail of this petitioner citing

          that there are ample materials to show his accomplicity, but

          since the proposal of the petitioner to compensate the loss

          caused to Mining Department by offering to pay Rs. 1,00,000/-

          without accepting his guilt.

                      6. Counsel for the Mining Department has no

          objection, if such proposals are made by the counsel for the

          petitioner to compensate the loss caused to the Department.

                       7. Considering the fact that the petitioner has

          proposed to compensate the Department of Mines on account of

          loss caused to the Department by paying an amount of Rs.

          1,00,000/- in three installments within 06 months and first

          installment shall be paid on the date of furnishing the bail bond,

          this Court is inclined to grant the privilege of anticipatory bail to

          the petitioner.

                       8. Let the petitioner, above named, in the event of

          his/her arrest or surrender before the Court below within a

          period of thirty days from the date of receipt of the order, be

          released on bail on furnishing bail bond of Rs. 10,000/- (Ten

          Thousand) with two sureties of the like amount each to the
              Patna High Court CR. MISC. No.30538 of 2026(3) dt.24-06-2026
                                                          4/4




                        satisfaction of the learned C.J.M., Sheohar in connection with

                        the P.S. Case afore-mentioned, subject to the conditions as laid

                        down under Section 438(2) of the Code of Criminal Procedure /

                        Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita and

                        with other following conditions:-

                                                           (i) one of the bailors should be the
                                                family member/relative/known of the
                                                petitioner(s) who shall provide official
                                                document/personal affidavit to show his/her
                                                bona fide;
                                                           (ii) the petitioner(s) shall appear
                                                on each and every date before the Trial
                                                Court and failure to do so for two
                                                consecutive dates without plausible reason
                                                will entail cancellation of his/her/their bail
                                                bond by the Trial Court itself;
                                                           (iii) the petitioner(s) shall in no
                                                way try to induce or promise or threat the
                                                witnesses or tamper with the evidences,
                                                failing which the State shall be at liberty to
                                                take steps for cancellation of the bail bonds;
                                                           (iv) the petitioner(s) shall desist
                                                from committing any criminal offence again,
                                                failing which the State shall be at liberty to
                                                take steps for cancellation of their bail
                                                bonds.



                                                                             (Ajit Kumar, J)
surya/-

U         T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.