Patna High Court
Vyas RayversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
- Bharatiya Nyay Sanhita, 2023 — s. 303(3), 317(2)
- Bihar Mining Act — s. 56
- Environment (Protection) Act — s. Rule 15
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
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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
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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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