Patna High Court

Sikandar Sao @ Sikandar Kumar Sao @ Sikendar GuptaversusThe State of Bihar

Decided: 9 April 2026
Disposal: BAIL GRANTED
Bench: ANIL KUMAR SINHA

Holding

The court granted anticipatory bail to the petitioner.

Summary

The petitioner, Sikandar Sao, sought anticipatory bail fearing arrest in a case involving illegal mica mining by blasting, which resulted in the death of Basudeo Bhuiyan. The FIR, registered on 04-12-2024, alleged offences under Sections 303(2), 105, 111 of the B.N.S. 2023 and Sections 3, 4, 5 of the Explosives Act, 1884. The petitioner contended he was not present at the incident, highlighted a two‑day delay in filing the FIR, and pointed out his clean record, noting that a co‑accused had previously been granted anticipatory bail by the same court. The court, considering the lack of criminal antecedent and the precedent of bail to the co‑accused, granted anticipatory bail subject to a bond of Rs.10,000 and two sureties, under Section 482(2) of the B.N.S. 2023. The order directed the petitioner to surrender within four weeks if arrested.

Issues considered

Whether anticipatory bail should be granted to the petitioner under Sections 303(2), 105, 111 of the B.N.S. 2023 and the Explosives Act, 1884.
Whether the delay in filing the FIR and the petitioner's absence at the scene justify bail.
Whether the precedent of anticipatory bail to a co‑accused influences the decision.

Legislation cited

B.N.S., 2023 — s. 105, 111, 303(2), 482(2)
Explosives Act, 1884 — s. 3, 4, 5

Subjects

anticipatory bail
illegal mining
explosives
delay in FIR
no criminal antecedent
Section 482
Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.60044 of 2025
                       Arising Out of PS. Case No.-563 Year-2024 Thana- RAJAOLI District- Nawada
                 ======================================================
                 Sikandar Sao @ Sikandar Kumar Sao @ Sikendar Gupta S/o- Chitavan Saw
                 Vill- Baratand, Po- Sapahi, P.S- Rajauli, Dist- Nawada


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


                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :

                 For the Petitioner/s     :       Mr.Akhilesh Kumar

                 For the Opposite Party/s :       Mr.Pawan Kumar Chaurasia

                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
                                       ORAL ORDER

4   09-04-2026         1. Heard the parties.

                       2. The petitioner apprehends his arrest in connection with

                   Rajauli P.S. Case No. 563 of 2024 dated 04.12.2024 registered

                   under Sections 303(2), 105, 111 of the B.N.S. 2023 and Section

                   3/4/5 of the Explosives Act, 1884.

                       3. As per the prosecution story the accused persons named in

                   the F.I.R. are alleged to have done illegal mining of Mica by

                   exploding the rocks. One person amongst them namely,

                   Basudeo Bhuiyan suffered injuries due to blast and succumbed

                   to death.

                       4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and he has not committed any offence in
Patna High Court CR. MISC. No.60044 of 2025(4) dt.09-04-2026
                                             2/3




          the manner alleged. The alleged date of incident is 02.12.2024

          whereas the F.I.R. has been registered on 04.12.2024 without

          any plausible explanation for the delay. The petitioner is Nyay

          Sachiv in the Panchayati Raj Department and he was not present

          at the place of occurrence. It has further been submitted that on

          exactly similar footing the co-accused Rahul Turiya @ Rahul

          Turi has been granted privilege of anticipatory bail by a

          Coordinate Bench of this Court vide order dated 22.08.2025

          passed in Cr. Misc. No. 47647 of 2025. The petitioner has no

          criminal antecedent.

              5. Regard being had to the submission made by the parties,

          taking into consideration the fact that the co-accused has been

          granted anticipatory bail by a Co-ordinate Bench of this Court

          and    the     petitioner     is    having     no    criminal   antecedent,

          accordingly , I am inclined to grant anticipatory bail to the

          petitioner.

              6. Let the petitioner, above named, be released on

          anticipatory bail in the event of arrest or surrender before the

          court below within a period of four weeks from today on

          furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with

          two sureties of the like amount each to the satisfaction of

          C.J.M., Nawada in connection with Rajauli P.S. Case No. 563
               Patna High Court CR. MISC. No.60044 of 2025(4) dt.09-04-2026
                                                           3/3




                         of 2024 subject to the condition as laid down under Section 482

                         (2) of the B.N.S.S. 2023.



                                                  (Anil Kumar Sinha, J)
praful/-

U          T

Continue reading with your account

Checking your session…