Patna High Court
BHOLA SAH @ BHOLA KUMARversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The court granted bail to the petitioner subject to a bond and specific conditions.
Summary
The petitioner, Bhola Sah, was arrested in connection with an illegal sand mining case (PS Case No. 102 of 2025) where a tractor carrying illegally mined sand was intercepted and a home guard allegedly suffered a fractured hand during the incident. The petitioner claimed innocence, stating he was not apprehended at the spot, had no role in the assault, and that the guard’s injury was minor. The prosecution alleged that the petitioner attempted to cause the death of the home guard, constituting an offence under the Bhartiya Nyaya Sanhita and related mining statutes. After considering the charge sheet, the petitioner’s custody since 16‑04‑2026, and his antecedent bail status in other cases, the court decided to grant bail. Bail was ordered on a bond of Rs.10,000 with two sureties, subject to conditions under Section 480(3) of the B.N.S.S. and additional court‑imposed requirements.
Issues considered
- Whether bail should be granted to the petitioner despite allegations of attempting to cause death of a home guard under Sections 109(1) and 3(5) of the Bhartiya Nyaya Sanhita
- Whether the nature of the alleged offence under the Bihar Minerals Rules and the Mines and Minerals Act warrants denial of bail
Legislation cited
- Bhartiya Nyaya Sanhita, 2023 — s. 109(1), 3(5), 480(3)
- Bihar Minerals (Concession, Prevention of Illegal Mining, Transportation and Storage) Rules, 2019 — s. 11, 43
- Mines and Minerals (Development and Regulation) Act, 1957 — s. 4(I)(a)
Subjects
- bail
- illegal mining
- assault
- Bhartiya Nyaya Sanhita
- Bihar Minerals Rules
- Mines and Minerals Act
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.44105 of 2026
Arising Out of PS. Case No.-102 Year-2025 Thana- VALMIKINAGAR District- West
Champaran
======================================================
Bhola Sah @ Bhola Kumar S/O Bal Kishun Sah R/O Village- Hawai Adda,
Ps- Valmikinagar, District- West Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Raju Giri, Sr. Advocate
Mr.Harsh Vardhan, Advocate
Mr. Hansh Raj, Advocate
For the Opposite Party/s : Mr.Raj Kishor Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 08-07-2026 Heard learned senior counsel for the petitioner and
learned APP for the State.
02. In the present case, the petitioner seeks bail in
connection with Valmikinagar P.S. Case No. 102 of 2025
registered for the alleged offences under Sections 109(1), 3(5)
of Bhartiya Nyaya Sanhita, 2023, Sections 11, 43 of
Bihar Minerals (Concession, Prevention of Illegal Mining,
Transportation and Storage) Rules, 2019 and Section 4(I)(a) of
Mines and Minerals (Development and Regulation) Act, 1957.
03. As per prosecution case, one tractor was
intercepted carrying illegally mined sand and when it was being
intercepted, the driver tried to turn over the vehicle on one of
Patna High Court CR. MISC. No.44105 of 2026(2) dt.08-07-2026
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the home guards of the intercepting team. The said guard
sustained fracture in his right hand. On query being made from
people nearby, the name of the petitioner and other co-accused
persons transpired, who were involved in illegal mining of
sand.
04. Learned senior counsel appearing on behalf of the
petitioner submits that the petitioner is innocent and has been
falsely implicated in this case. The petitioner was not
apprehended from the spot and has no role in the whole
occurrence. The allegation of trying to cause death of the
Constable is not correct. The Constable has not received any
serious injury. The injury report of the said person shows only
pain in his right hand and no abnormality was detected. Learned
senior counsel further submits that the owner of the vehicle has
already paid the compounding fee of Rs.1,05,310/-. The
petitioner is having antecedent of four cases and he is on bail in
all the cases. The petitioner is in custody since 16.04.2026 and
charge sheet has been submitted.
05. Learned APP opposes the submission made on
behalf of the petitioner. Learned APP submits that the petitioner
has made an attempt on the life of a home guard.
06. Having regard to the facts and circumstances and
Patna High Court CR. MISC. No.44105 of 2026(2) dt.08-07-2026
3/3
submissions made on behalf of the parties and considering the
submission of charge sheet and period of custody of the
petitioner, the petitioner above named is directed to be released
on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand)
with two sureties of the like amount each to the satisfaction of
learned A.C.J.M. 1st, Bagaha, West Champaran/concerned
Court in connection with Valmikinagar P.S. Case No. 102 of
2025, subject to the conditions mentioned in Section 480(3) of
B.N.S.S. and also the following conditions :
(i) One of the bailors will be a close relative
of the petitioner.
(ii) The petitioner will remain present on
each and every date fixed by the court below.
(iii) In case of absence on three consecutive
dates or in violation of the terms of the bail,
the bail bond of the petitioner will be liable
to be cancelled by the court concerned.
(Arun Kumar Jha, J)
DKS/-
U T
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