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Patna High Court

Golu KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail was granted to the petitioners subject to conditions under Section 482(2) of the BNSS.

Summary

The petitioners, Golu Kumar, Manoj Singh and Kanhaiya Kumar, were implicated in a case (Piprahi P.S. Case No. 38 of 2026) for alleged illegal mining under Sections 132, 61(2), 303(2), 317(2) and 62 of the Bharatiya Nyaya Sanhita, 2023. They applied for anticipatory bail fearing arrest, contending their innocence and that the requisite fine had already been paid to the Mining Department. The State and the Mining Department opposed the bail, arguing the seriousness of the offences. The Court, after considering the circumstances, allowed the anticipatory bail application, directing the petitioners to furnish bail bonds of Rs.10,000 each with two sureties, subject to conditions under Section 482(2) of the BNSS. The order was expressly limited to bail considerations and did not prejudice the merits of the criminal trial.

Issues considered

  • Whether anticipatory bail can be granted in a case involving alleged illegal mining under the Bharatiya Nyaya Sanhita, 2023.
  • Whether Section 482(2) of the BNSS permits the Court to impose bail conditions in such matters.

Legislation cited

Subjects

  • anticipatory bail
  • illegal mining
  • criminal procedure
  • Bharatiya Nyaya Sanhita
  • Section 482
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.38624 of 2026
                       Arising Out of PS. Case No.-38 Year-2026 Thana- PIPRAHI District- Sheohar
                 ======================================================
           1.     Golu Kumar son of Manoj Singh @ Manoj Kumar Resident of Village -
                  Inarwa Singahi, Ps- Piprahi, Dist- Sheohar
           2.    Manoj singh @ Manoj Kumar son of Shri narayan Singh Resident of Village
                 - Inarwa Singahi, Ps- Piprahi, Dist- Sheohar
           3.    Kanhaiya Kumar @ Kanhaiya Raut @ Nanhai Kumar @ Nanhai Raut @
                 Kanhiya Kumar son of Dinesh Raut Resident of Village - Inarwa Khurd, Ps-
                 Piprahi, Dist- Sheohar

                                                                                   ... ... Petitioner/s
                                                        Versus
           1.    The State of Bihar
           2.    Mining Dept. Sheohar Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Ms. Madhubala Verma
                 For the Opposite Party/s :       Mr. Rajendra Singh
                 For the Mines            :       Mr. Naresh Dikshit, Spl. PP
                                                  Ms. Shruti Singh, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

3   29-06-2026                  Heard the learned counsel for the petitioners learned

                   counsel for the State and Ms. Shruti Singh, the learned counsel

                   appearing for the Mines Department.

                                2. The petitioners apprehend arrest in connection with

                   Piprahi P.S. Case No. 38 of 2026 registered for offences under

                   Sections 132, 61(2), 303(2), 317(2) and 62 of the Bharatiya

                   Nyaya Sanhita, 2023.

                                3. As per the prosecution case, the petitioners are

                   alleged to have been involved in illegal mining activities.

                                4. Learned counsel for the petitioners submits that the

                   petitioners are quite innocent and have not committed any
            Patna High Court CR. MISC. No.38624 of 2026(3) dt.29-06-2026
                                                        2/2




                      offence. It is further submitted that the fine amount has already

                      been deposited in the Mining Department.

                                   5. Learned APP for the State and the learned counsel

                      for the mines have vehemently opposed the prayer for bail.

                                   6. Considering the facts and circumstances of the

                      case, this application for anticipatory bail is allowed.

                                   7. Accordingly, let the petitioners, above-named, in

                      the event of their arrest or surrender within four weeks from

                      today in the Court below, be released on bail on furnishing bail

                      bonds of Rs.10,000/- (Rupees ten thousand) each 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 Piprahi P.S. Case No. 38 of 2026 subject to the

                      conditions as laid down under Section 482(2) of the BNSS.

                                   8. It is made clear that any observation made herein is

                      prima facie in nature and limited solely for the purpose of

                      adjudication of the present bail application. Such observations

                      shall not be construed as an expression on the merits of the case

                      and shall not influence the trial or any other proceedings in any

                      manner.



                                                         (Sandeep Kumar, J)
Shishir/-
U       T


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