Patna High Court
Jitendra Kumar @ Jitendra yadavversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- HARISH KUMAR
Holding
The Court granted bail to the petitioners, finding insufficient evidence of their involvement and procedural deficiencies in the investigation.
Summary
The petitioners, Jitendra Kumar and Sudhansu Kumar, were named by a local chowkidar in a police tip‑off alleging involvement in illegal sand mining that caused a loss of 48,120 cubic feet of sand and Rs 51,24,780 to the government. The police seized three tractors and arrested one person, but the petitioners claim they have no connection to the seized tractors or the illegal excavation. They argued that the chowkidar’s disclosure was unreliable, they have no prior criminal record, and that the FIR does not disclose a cognizable offence against them. The State and the Mines Department opposed bail, contending the petitioners were involved in the illegal mining. The Court noted deficiencies in the search and seizure, non‑compliance with Sections 103 and 105 of the BNS, and the suspicious nature of the name disclosure, and, considering the petitioners’ clean antecedent, ordered their release on bail with conditions under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023.
Issues considered
- Whether the petitioners are entitled to bail despite the FIR alleging offences under the BNS and the Mines Act.
- Whether the police search and seizure complied with statutory requirements under Sections 103 and 105 of the BNS.
- Whether the disclosure of the petitioners’ names by the chowkidar is sufficient basis for arrest.
Legislation cited
- Bharatiya Nagrik Suraksha Sanhita, 2023 — s. 482(2)
- Bihar Minerals (Concession, Prevention of Illegal Mining, Transportation & Storage) Amendment Rules, 2021 — s. 56
- Bihar Narcotic Substances (BNS) Act — s. 103, 105, 111(4), 113(3), 303(2), 317(2)
- Mines and Minerals (Development & Regulation) Act, 1957 — s. 21
Subjects
- bail
- illegal mining
- search and seizure
- procedural deficiency
- public exchequer loss
- Section 482
- Mines Act
- Bihar criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35371 of 2026
Arising Out of PS. Case No.-26 Year-2026 Thana- BELAGANJ District- Gaya
======================================================
1. Jitendra Kumar @ Jitendra yadav son of Sikandar yadav @ Sikander Yadav
Resident Of Village- Pranpur PS- Belaganj Dist -Gaya
2. Sudhansu Kumar @ Sudhanshu Kumar son of Sikandar yadav @ Sikander
Yadav Resident Of Village- Pranpur PS- Belaganj Dist -Gaya
... ... Petitioner/s
Versus
1. The State of Bihar
2. The Mines Inspector, Gaya Ji
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Manish Kumar No. 2, Adv.
Mr. Aryan Singh, Adv.
For the State : Mr. Abhay Kumar, APP
For the Mines Dept. : Mr. Naresh Dixit, Spl. PP
======================================================
CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
2 01-06-2026 Heard Mr. Manish Kumar No. 2, learned Advocate for
the petitioners and learned Additional Public Prosecutor for the
State as also the learned Special Public Prosecutor for the Mines
Department through virtual mode.
2. The petitioners are apprehending their arrest in
connection with Belaganj P.S. Case No. 26 of 2026, registered
for the offences punishable under Sections 303(2), 317(2),
113(3) and 111(4) of the BNS, Section 21 of the Mines And
Minerals (Development & Regulation) Act, 1957 and Section 56
of the Bihar Minerals (Concession, Prevention of Illegal
Mining, Transportation & Storage) Amendment Rules, 2021.
3. The police on a tip off illegal mining conducted a
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raid and apprehended three Tractors along with one person.
However, noticing the police party, other Tractor owners as well
as persons, who were assembled there, succeeded in fleeing
away. Later on, in course of search, it is found that a total loss of
48120 CFT sand has been caused to the Government. The local
Chowkidar disclosed the names of 30 named persons, including
the names of the petitioners, as well as 15-20 unknown persons
allegedly involved in illegal excavation of sand. It is also
alleged that, due to the said incident, the Government has
suffered a huge loss of public exchequer to the tune of Rs.
51,24,780/-.
4. Learned Advocate for the petitioners, at the outset,
submits that the petitioners have neither any concern with the
Tractors in question, which were seized from the place of
occurrence, nor they are anyhow connected with the illegal
excavation. The disclosure of the names of the petitioners by the
local Chowkidar appears to be wholly suspicious and not
trustworthy, inasmuch as the petitioners are not carrying any
criminal antecedent of identical nature. It is further contended
that even if the allegation is taken to be true for the sake of
argument, no offence as alleged in the FIR is made out. The
petitioners bear fair antecedent and they undertake that they will
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fully cooperate in the proceeding of the court.
5. On the other hand, learned Advocates for the State
as well as the Mines Department vehemently opposed the bail
application and submitted that the petitioners were found
indulge in illegal excavation of sand due to which the State has
suffered a loss of huge public money.
6. Having considered the submissions advanced on
behalf of the respective parties and taking note of the fact that
the petitioners have neither any concern with the Tractors in
question, which were seized from the place of occurrence,
besides there is deficiency in search and seizure as well as non-
compliance of Sections 103 and 105 of the BNSS as also the
suspicious disclosure of the names of the petitioners by the local
Chowkidar, coupled with the fair antecedent of the petitioners,
let the petitioners abovenamed be released on bail, in the event
of their arrest or surrender before the court below within a
period of four weeks from the date of receipt/production of a
copy of this order, upon furnishing bail bonds of Rs.10,000/-
(ten thousand) each with two sureties of the like amount each to
the satisfaction of the learned Chief Judicial Magistrate, Gaya
in connection with Belaganj P.S. Case No. 26 of 2026, subject
to the conditions laid down in Section 482(2) of the Bharatiya
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Nagrik Suraksha Sanhita, 2023, with the further condition that
one of the bailors shall be the own/close family members of the
petitioners.
(Harish Kumar, J)
Anjani/-
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