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Patna High Court

Vyas RayversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioners with specified conditions.

Summary

Petitioners Vyas Ray and Mosahib Ray were arrested on 7 April 2026 in connection with an alleged illegal excavation of soil amounting to about 1.67 lakh cubic feet, alleged under Sections 303(3) and 317(2) of the Bharatiya Nyay Sanhita, 2023, Section 56 of the Bihar Mining Act and Rule 15 of the Environment Protection Act. The prosecution claimed the accused were transporting excavated soil without valid permits, causing loss of government revenue. The petitioners contended they have clean antecedents, were falsely implicated, and that the landowner had applied to the District Mining Officer to clarify facts. The court examined the bail application, noting the petitioners' lack of prior convictions and the absence of evidence of their participation in the alleged offence. Accordingly, the court granted bail on a bond of Rs.10,000 each with two sureties, subject to conditions of cooperation, non‑tampering with evidence, and verification of criminal antecedents.

Issues considered

  • Whether bail should be granted to the accused under Sections 303(3) and 317(2) of the Bharatiya Nyay Sanhita, 2023, Section 56 of the Bihar Mining Act and Rule 15 of the Environment Protection Act.
  • Whether the petitioners' clean antecedent and alleged false implication justify bail.

Legislation cited

Subjects

  • bail
  • illegal mining
  • environmental law
  • criminal procedure
  • Bharatiya Nyay Sanhita
  • Bihar Mining Act
  • Environment Protection Act

Judgment

                    IN THE HIGH COURT OF JUDICATURE AT PATNA
                            CRIMINAL MISCELLANEOUS No.38841 of 2026
                     Arising Out of PS. Case No.-162 Year-2026 Thana- PATEPUR District- Vaishali
               ======================================================
          1.    Vyas Ray S/o Asarfi Ray Resident of Village - Akilpur, P.S - Dariyapur, District -
                Saran
          2.    Mosahib Ray S/o Sri Bhagwan Ray Resident of Village - Akilpur, P.S - Dariyapur,
                District - Saran
                                                                              ... ... Petitioner/s
                                                 Versus
          1.    The State of Bihar
          2.    Mines Inspector District Mines Officer, Vaishali Bihar. Patna, Bihar
                                                                               ... ... Opposite Party/s
               ======================================================
               Appearance :
               For the Petitioner/s     :       Mr. Abhishek Kumar, Advocate
               For the Opposite Party/s :       Mr. Jitendra Kumar Singh, APP
               For the Mines Dept       :       Mr. Naresh Dixit, Sp.PP
               ======================================================
               CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                                 ORAL ORDER
2 23-06-2026                   Heard Mr. Abhishek Kumar, learned counsel for the

               petitioners, Mr. Jitendra Kumar Singh, learned Additional Public

               Prosecutor for the State as well as Mr. Naresh Dixit, learned

               counsel for the Mines Department.

                          2. Petitioners seek bail who are in custody since

               07.04.2026 in connection with Patepur P.S. Case No. 162 of 2026,

               F.I.R. dated 06.04.2026 for the offences punishable under Sections

               303(3), 317(2) of the Bharatiya Nyay Sanhita, 2023 and 56 of

               Bihar Mining Act and Rule 15 of the Environment Protection Act.

                          3. According to prosecution case, the informant alleged

               that on 06.04.2026, he got a confidential information that illegal

               excavation of soil id done at Village-Raghopur Narshanda then a

               joint raid was conducted by the police and mining officials
Patna High Court CR. MISC. No.38841 of 2026(2) dt.23-06-2026
                                            2/3




      wherein two Hyva vehicle were intercepted carrying approx. 650

      cft soil each and the drivers of the said vehicle failed to produce

      any valid document or permit for transportation. It is further

      alleged that upon inspection of the site large scale of illegal

      excavation of about 1.67,000 cft soil was found. It is further

      alleged that the alleged illegal excavation caused huge loss to

      government revenue.

                   4. Learned counsel for the petitioners submits that

      petitioners have clean antecedent and they have falsely been

      implicated in the present case. The allegations levelled against the

      petitioners are false and fabricated. Infact the owner of the land in

      question, namely Niraj Kumar, on 07.04.2026 has given

      application before the District Mining Officer, to show real fact.

      The petitioners are in custody since 07.04.2026.

                   5. The learned Additional Public Prosecutor for the State

      as well as learned counsel for the Mines Department have

      vehemently opposed the prayer for bail of the petitioners.

                   6. Considering the aforesaid facts and circumstances,

      petitioners have clean antecedent and as per Annexure-2 of this

      bail application, petitioners have not committed any offence, let

      the petitioners, above named, be released on bail on furnishing bail

      bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the
            Patna High Court CR. MISC. No.38841 of 2026(2) dt.23-06-2026
                                                        3/3




                  like amount each to the satisfaction of the learned Additional Chief

                  Judicial Magistrate-XIII-cum-Sub-Judge-XIV, Vaishali, Hajipur in

                  connection with Patepur P.S. Case No. 162 of 2026, subject to the

                  following conditions:-

                                i. Petitioners shall co-operate in the trial and shall be

                   properly represented on each and every date fixed by the court

                   and shall remain physically present as directed by the court and

                   on their absence on two consecutive dates without sufficient

                   reason, their bail bond shall be cancelled by the Court below.

                                ii. If the petitioners tampers with the evidence or the

                   witnesses, in that case, the prosecution will be at liberty to move

                   for cancellation of bail.

                               iii. And further condition that the court below shall

                  verify the criminal antecedent of the petitioners and in case at any

                  stage it is found that the petitioners have concealed their criminal

                  antecedent, the court below shall take step for cancellation of bail

                  bond of the petitioners. However, the acceptance of bail bonds in

                  terms of the above-mentioned order shall not be delayed for

                  purpose of or in the name of verification.



                                             (Rajesh Kumar Verma, J)
Suruchi/-

U      T


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