Patna High Court
Vikash Kumar Singh @ Vikash Kumar @ Vikash SinghversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SANDEEP KUMAR
Holding
The court allowed the anticipatory bail application, granting bail subject to conditions.
Summary
Vikash Kumar Singh applied for anticipatory bail fearing arrest in a case (Laxmipur PS Case No. 314 of 2024) alleging illegal transport of sand under multiple sections of the BNS, the Mines Act and the Bihar Minerals Prevention of Illegal Mining Transportation and Storage Rule, 2019. The prosecution alleged that he transported a tractor-load of sand without authorization. The petitioner contended that he had surrendered three licenses and was merely moving sand already in his possession, asserting his innocence and noting that a co‑accused had already been granted anticipatory bail. The court examined the allegations and the petitioner's claim of no flight risk. It allowed the application, directing that the petitioner be released on bail upon furnishing a Rs.10,000 bond with two sureties, subject to the conditions of Section 438(2) of the CrPC and Section 482 of the BNSS.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the circumstances of the alleged illegal sand transport.
- Whether the allegations constitute a non‑bailable offence warranting denial of anticipatory bail.
- Whether the petitioner poses a risk of fleeing or tampering with evidence.
Legislation cited
- Bihar Negotiable Statutes (BNS) — s. 303(2), 317(2), 318(4), 336(3), 338, 340(2), 482
- Code of Criminal Procedure, 1973 — s. 438(2)
- Mines Act — s. 21, 4
Subjects
- anticipatory bail
- illegal sand mining
- mining law
- criminal procedure
- bail bond
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.64174 of 2025
Arising Out of PS. Case No.-314 Year-2024 Thana- LAXMIPUR District- Jamui
======================================================
Vikash Kumar Singh @ Vikash Kumar @ Vikash Singh S/O Brij Kishor
Singh Resident of Village- Ami, P.S.- Dighwara, Dist.- Saran at Chapra
... ... Petitioner/s
Versus
1. The State of Bihar Patna
2. The Mining Inspector Jamui Jamui
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bindhyachal Singh, Sr. Adv.
Mr.Vipin Kumar Singh
Mr. Aakash Singh
For the Opposite Party/s : Mr.Ram Priya Sharan Singh
For the Mining Dept. : Mr. Naresh Dikshit, Spl. P.P.
Ms. Shruti Singh
Mr. Utkarsh Pathak
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
6 30-01-2026 Heard the parties.
2. The petitioner apprehends his arrest in
connection with Laxmipur P.S. Case No. 314 of 2024 registered
for the offence under Sections 303(2), 317(2), 318(4), 338,
336(3), 340(2) of the BNS, under Section 4 and 21 of the Mines
Act and under Section 56(2) of the Bihar Minerals, Prevention
of Illegal Mining Transportation and Storage Rule, 2019.
3. As per the prosecution case, the petitioner is
alleged to have transported one tractor of sand, illegally.
4. It has been submitted by the learned senior
counsel for the petitioner that the petitioner is innocent and he
Patna High Court CR. MISC. No.64174 of 2025(6) dt.30-01-2026
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has falsely been implicated in this case as he was having three
licenses and after surrendering the licenses, he was transporting
the remaining sand lying with him. He further submits that the
similarly situated co-accused has already been granted
anticipatory bail by the Court below itself.
5. Considering the aforesaid facts, this application
is allowed.
6. Let the petitioner, above named, in the event of
his arrest or surrender before the concerned Court below within
four weeks from today, be released on bail on furnishing bail
bond of Rs. 10,000/- (Ten Thousand) with two sureties of the
like amount each to the satisfaction of the learned CJM,
Jamui/concerned Court below in connection with Laxmipur P.S.
Case No. 314 of 2024, subject to the conditions laid down in
Section 438(2) of the Code of Criminal Procedure, 1973 /
Section 482 of the BNSS.
(Sandeep Kumar, J)
Vikas/-
U
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