Patna High Court

Nandan Kumar @ Nandan SinghversusThe State of Bihar

Decided: 24 April 2026
Disposal: BAIL GRANTED
Bench: SATYAVRAT VERMA

Holding

The court granted anticipatory bail to the petitioner with conditions under Section 482(2) of the Bihar Narcotic Substances Act, 2023.

Summary

The petitioner, Nandan Kumar, sought anticipatory bail fearing arrest in a case registered under Sections 305(e) and 317(4) of the Bihar Narcotic Substances Act, 2023, relating to alleged illegal sand mining that caused a loss of Rs.18 lakh to the government. He contended that the FIR was based solely on informant statements without any seizure of sand or equipment, and that he was falsely implicated. The petitioner assured the court that he would not abscond and would cooperate with the investigation. The State opposed the bail, arguing the seriousness of the offences. The court, after considering the submissions, granted anticipatory bail subject to a bail bond of Rs.10,000 and two sureties, and conditioned it on compliance with Section 482(2) of the Act. The order was made to ensure the petitioner’s liberty while the investigation proceeds.

Issues considered

Whether anticipatory bail should be granted to the petitioner under Sections 305(e) and 317(4) of the Bihar Narcotic Substances Act, 2023.
Whether the allegations in the FIR constitute sufficient ground to deny bail.

Legislation cited

Bihar Narcotic Substances Act, 2023 — s. 305(e), 317(4), 482(2)

Subjects

anticipatory bail
illegal sand mining
false implication
Section 482
criminal procedure
revenue loss

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.3437 of 2026
                     Arising Out of PS. Case No.-193 Year-2025 Thana- KAUWAKOL District- Nawada
                 ======================================================
                 Nandan Kumar @ Nandan Singh Son of Sharwan Kumar Singh Resident of
                 Village - Kadhar, Police Station - Kawakole, District - Nawada.
                                                                                ... ... Petitioner/s
                                                     Versus
                 The State of Bihar
                                                                         ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Shankar Kumar
                 For the Opposite Party/s :      Mr. Madhura Nand Jha
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER
2   24-04-2026                  1. Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner apprehends his arrest in a case

                   registered for the offences punishable under Sections 305(e),

                   317(4) of the B.N.S., 2023.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of one case and the informant alleges that

                   on 17.05.2025, at 9.30 P.M. he went to village Bhorambag for raid

                   and investigation of sand in Naki river and found that illegal sand

                   mining was done as detailed in the FIR and local persons disclosed

                   that accused persons including the petitioner were involved in

                   illegal sand mining, thus alleges that on account of illegal sand

                   mining, the government lost revenue of nearly Rs.18 lacs.

                                4. Learned counsel for the petitioner submits that

                   petitioner has been falsely implicated in the instant case by the

                   informant. It is next submitted that from perusal of the allegation

                   as alleged in the FIR, it would manifest that no illegally sand mine
           Patna High Court CR. MISC. No.3437 of 2026(2) dt.24-04-2026
                                                       2/2




                     was seized from the place of occurrence nor any tractor was seized

                     but then based on disclosure made by the local persons the

                     petitioner came to be implicated. It is further submitted that police

                     in mechanical manner investigates and implicates once an accused

                     is implicated in a case of similar nature. It is also submitted that if

                     privilege of anticipatory bail is granted, the petitioner will not

                     abscond rather will cooperate in the investigation to prove his

                     innocence.

                                  5. Learned A.P.P. for the State opposes the prayer for

                     anticipatory bail of the petitioner.

                                  6. Considering the submissions made by the learned

                     counsel for the petitioner, the petitioner above-named, in the event

                     of his arrest or surrender within a period of six weeks from today

                     be released on anticipatory bail on furnishing bail bonds of

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

                     amount each to the satisfaction of learned trial court where the

                     case is pending/successor court in connection with Kawakole P.S.

                     Case No.193/2025, subject to the conditions as laid down under

                     Section 482(2) B.N.S.S..



                                                         (Satyavrat Verma, J)
amit/-
U      T

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