Patna High Court
Kunal Kumar @ Budha Kumar @ BurhwaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail is granted to the petitioner subject to a bail bond and conditions under the relevant provisions.
Summary
The petitioner Kunal Kumar was named in an FIR for alleged involvement in illegal sand mining after a police raid recovered sand and a tractor. He contended that he had no connection to the vehicle or sand and was implicated solely on the suspicion of a local chowkidar. The State and the Mines Officer opposed his anticipatory bail, arguing the seriousness of the offences under Sections 303(2), 317(2) and 111(3) of the Bhartiya Nyay Sanhita. The court observed that, apart from the chowkidar’s allegation, there was no prima facie incriminating material against the petitioner. Consequently, the court ordered that the petitioner be granted anticipatory bail, subject to a bail bond of Rs.10,000 with two sureties and conditions under Section 438(2) of the Cr.P.C. and Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita.
Issues considered
- Whether anticipatory bail should be granted to the petitioner in view of the allegations and the nature of the offences.
Legislation cited
- Bhartiya Nagarik Suraksha Sanhita — s. 482(2)
- Bhartiya Nyay Sanhita — s. 111(3), 303(2), 317(2)
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- illegal sand mining
- FIR
- suspicion
- bail bond
- section 438 CrPC
- section 482 BNS
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40368 of 2026
Arising Out of PS. Case No.-91 Year-2026 Thana- HISUWA District- Nawada
======================================================
Kunal Kumar @ Budha Kumar @ Burhwa S/O Late Uday Singh R/O Village-
Latawar, PS- Hisua, Distt- Nawada
... ... Petitioner/s
Versus
1. The State of Bihar
2. The Mines Officer, District Mines Officer, Nawada Nawada
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vibhuti Ranjan Sonvadra, Advocate
For the Opposite Party/s : Md. Mushtaque Alam, A.P.P.
For OP No.-2 : Mr. Naresh Dikshit, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 30-06-2026 Heard learned counsel for the petitioner, OP No.-2
and learned APP for the State.
2. The petitioner, named in the F.I.R., is apprehending
his arrest in connection with Hisua P.S. Case No. 91 of 2026
registered for the offences punishable under Sections 303(2),
317(2) & 111(3) of the Bhartiya Nyay Sanhita.
3. As per FIR, Mining Officer, Nawada, who is the
informant of the present case, along with other police officials
had conducted raid on 13.02.2026 at Dhadhar River at village –
Tungi to nab the persons engaged in illegal mining of sand. On
seeing the police party, all the accused persons fled away from
the spot leaving one tractor along with trailer bearing Engine
No. E378370 AND Chassis No. 105368754LN, from where five
Patna High Court CR. MISC. No.40368 of 2026(2) dt.30-06-2026
2/3
CFT of illegally mined sand was recovered. The local
chowkidar disclosed the name of 15 accused persons, who were
allegedly involved in illegal sand mining activities.
4. Learned counsel appearing on behalf of the
petitioner submitted that petitioner was neither connected with
the truck/trailer nor with the sand in any manner. It is pointed
out that out of local dispute and differences, the local chowkidar
named this petitioner particularly in view of suspicion. It is
submitted that except suspicion as raised by local chowkidar,
nothing incriminating appears against the petitioner. Similarly
situated co-accused, namely, Sudhir Chaudhary has already been
granted anticipatory bail by co-ordinate Bench of this Hon’ble
Court vide order dated 25.06.2026 passed in Cr. Misc. No.
40925 of 2026. Petitioner has got four criminal antecedents in
which he is on bail.
5. Learned A.P.P. for the State as well as learned
counsel for the opposite party no. 2 opposes the prayer for
anticipatory bail of the petitioner.
6. In view of the aforesaid factual submissions and by
taking note of the fact as except suspicion arising out of
disclosure made by local chowkidar prima facie nothing
incriminating appears against this petitioner, accordingly, above-
Patna High Court CR. MISC. No.40368 of 2026(2) dt.30-06-2026
3/3
named petitioner, in the event of his arrest/surrender within a
period of eight weeks from this order, is directed to be enlarged
on bail on furnishing of bail bond of Rs.10,000/- (ten thousand
only) with two sureties of the like amount each to the
satisfaction of learned Chief Judicial Magistrate,
Nawada/concerned court in connection with Hisua P.S. Case
No. 91 of 2026, subject to the conditions as laid down under
Section 438(2) of the Cr.P.C/Section 482(2) of the Bhartiya
Nagarik Suraksha Sanhita.
(Prabhat Kumar Singh, J)
Navya/Sanjay-
U T
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