Ramkripal Kumar @ Horil YadavversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.4368 of 2026
                       Arising Out of PS. Case No.-506 Year-2025 Thana- BELAGANJ District- Gaya
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           1.     Ramkripal Kumar @ Horil Yadav S/o Anil Yadav
           2.    Jaypal Kumar @ Ravi S/o Late Ramashish Yadav
           3.    Pankaj Kumar @ Pankaj S/o Madan Kumar Albela
                 All are R/o Village - Bhikhanchak, P.S - Belaganj, District - Gaya

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :        Mr. Manish Kumar No.2, Advocate
                 For the Opposite Party/s:        Mr. Humayou Ahmad Khan, APP
                 For Mines Department :           Mr. Brij Bihari Tiwari, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                       ORAL ORDER

5   07-05-2026                    Heard Mr. Manish Kumar No.2, learned counsel

                   appearing on behalf of the petitioners; Mr. Humayou Ahmad

                   Khan, learned APP for the State and Mr. Brij Bihari Tiwari,

                   learned counsel for the Mines Department.

                               2. The petitioners seek pre-arrest bail in connection

                   with Belaganj P.S. Case No. 506 of 2025 registered for the

                   offence(s) punishable under Sections 126(2), 115(2), 191(2),

                   191(3), 190,132,109(1),324(2),352,351(2),111 of the BNS and

                   Section 27 of the Arms Act.

                               3. As per the allegation made in the FIR, upon

                   receiving secret information that certain persons were engaged

                   in illegal sand excavation and loading sand from the Falgu
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          River, the police party proceeded to the said location. It is

          alleged that the petitioners, along with other co-accused persons,

          assaulted the police personnel, causing injuries to them, and

          thereafter fled away from the spot. Thereafter, one tractor was

          seized loaded with 40-50 cubic ft. sand.

                       4. Learned counsel appearing on behalf of the

          petitioners submitted that only general and omnibus allegations

          have been levelled against the petitioners. It is further submitted

          that altogether 13 persons have been named in the FIR, and

          some of the co-accused persons, against whom similar

          allegations have been made, have already been granted

          anticipatory bail by different co-ordinate Benches of this Court.

          Learned counsel fairly admitted that the petitioners don’t have

          clean antecedents, however, it is contended that the petitioners

          have been falsely implicated merely on the basis of disclosures

          allegedly made by the local Chowkidar. On these grounds,

          petitioners seek to be released on pre-arrest bail.

                       5. Mr. Brij Bihari Tiwari, learned counsel appearing

          on behalf of the Mines Department, submitted that he has

          received instructions in the matter and seeks time to file a

          counter     affidavit.     However,        considering   the   nature   of

          allegations, he submitted that the past conduct of the petitioners
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          cannot be said to be such that in view of the general and

          omnibus allegation, the petitioners may be released on pre-arrest

          bail.

                       6. Learned APP for the State also vehemently opposed

          the prayer for grant of anticipatory bail.

                       7. Having heard the rival submissions made on behalf

          of the parties, and considering the materials available on record,

          this Court finds that the issue of illegal sand mining in the State

          of Bihar is of serious concern. Prima facie, the complicity of

          officials of the Mining Department in facilitating large-scale

          illegal mining activities cannot be ruled out. In the present case,

          the alleged illegal mining activities were detected by the police

          authorities, and the petitioners, who are stated to be involved in

          similar criminal cases, have been made accused.

                       8. This Court further observes that the mandate of

          Article 48A of the Constitution of India, which casts a duty

          upon the State to protect and improve the environment, appears

          to have been seriously undermined. The role of the concerned

          authorities, particularly the District Administration of Gaya,

          raises substantial concern regarding effective enforcement

          against illegal mining operations.

                       9. The District Magistrate, Gaya, is hereby directed to
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                     look into the allegations relating to illegal large-scale mining

                     activities being carried out within his territorial jurisdiction and

                     to take immediate and effective steps in accordance with law to

                     curb such unlawful activities. While undertaking the aforesaid

                     exercise, the District Magistrate shall keep in mind the

                     constitutional mandate enshrined under Article 48-A of the

                     Constitution of India, which casts a duty upon the State to

                     protect and improve the environment and to safeguard forests

                     and wildlife of the country.

                                  10. However, considering that there is no specific

                     allegation against the petitioners but the past conduct of the

                     petitioner being not sound, I am not inclined to grant pre-arrest

                     bail to the petitioner.

                                  11. Accordingly, the present bail application stands

                     disposed of.


                                               (Purnendu Singh, J)
Sanjay/-

U      T