Patna High Court
Sudhir ChaudharyversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The Court granted anticipatory bail to the petitioner subject to a bail bond and sureties.
Summary
The petitioner, Sudhir Chaudhary, was named in an FIR for alleged involvement in illegal sand mining under Sections 303(2), 317(2) and 111(3) of the Bhartiya Nyay Sanhita, 2023. The police raid recovered a tractor and sand, and a local chowkidar identified fifteen accused, including the petitioner, based largely on a prior dispute and a previous bail case. The petitioner contended he had no connection with the vehicle or the sand and that the allegation was merely suspicion. The State opposed the petition for anticipatory bail. The Court, noting the lack of any incriminating material beyond the chowkidar’s suspicion, ordered that the petitioner be released on anticipatory bail upon furnishing a bail bond of Rs.10,000 with two sureties, subject to 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 when the only basis for accusation is suspicion by a local witness.
- Whether the allegations under Sections 303(2), 317(2) and 111(3) of the Bhartiya Nyay Sanhita, 2023, justify denial of anticipatory bail.
- Applicability of Section 438(2) Cr.P.C. and Section 482(2) Bhartiya Nagarik Suraksha Sanhita in granting anticipatory bail.
Legislation cited
- Bhartiya Nagarik Suraksha Sanhita — s. 482(2)
- Bhartiya Nyay Sanhita, 2023 — s. 111(3), 303(2), 317(2)
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- illegal sand mining
- suspicion
- Bhartiya Nyay Sanhita
- Bhartiya Nagarik Suraksha Sanhita
- Criminal Procedure Code
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40925 of 2026
Arising Out of PS. Case No.-91 Year-2026 Thana- HISUWA District- Nawada
======================================================
Sudhir Chaudhary S/O Ganauri Chaudhary R/O Village-Tungi Chal Par,PS-
Hisua,Distt- Nawada
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr.Shankar Kumar, Advocate
For the Opposite Party/s : Mr.Rajiv Nayan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 25-06-2026 Heard learned counsel for the petitioner and learned APP
for the State.
2. The accused-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, 2023 (in
short, the ‘B.N.S.’).
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 alongwith trailor bearing Engine No.
E378370 AND Chassis No. 105368754LN, from where five
CFT of illegally mined sand was recovered. The local
Patna High Court CR. MISC. No.40925 of 2026(2) dt.25-06-2026
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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.
5. It is pointed out that out of local dispute and
differences, the local chowkidar named this petitioner
particularly in view of suspicion as he was accused in Hisua P.S.
Case No. 240/2016, wherein he is on bail. It is submitted that
except suspicion as raised by local chowkidar, nothing
incriminating appears against the petitioner.
6. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
7. 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-named petitioner, in the event of his arrest/surrender
within a period of four 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,
Patna High Court CR. MISC. No.40925 of 2026(2) dt.25-06-2026
3/3
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 (in short “B.N.S.S.”).
(Chandra Shekhar Jha, J)
Rajeev/-
U T
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