Patna High Court
Pritam KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The Court granted anticipatory bail to the petitioner, subject to bond and sureties, under Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023.
Summary
Pritam Kumar, a licensed holder of a minor mineral storage facility, was accused of illegally enhancing the capping capacity of his K. Storage and storing 20 metric tonnes of sand without the Mining Officer's permission, allegedly causing loss to the government. He sought anticipatory bail, claiming innocence, lack of physical verification, and denial of a hearing, and cited the bail granted to a co-accused in a similar case. The State opposed the bail, invoking sections of the Bharatiya Nyaya Sanhita and Bihar Mineral Rules. The Court, referring to the guidelines in Sushila Aggarwal v. State (2020) and considering the facts, granted anticipatory bail subject to a bond of Rs.10,000 and two sureties, under Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023. The order conditions the bail on surrender within eight weeks and compliance with the stipulated terms.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under the circumstances alleged.
- Whether the allegations under the Bharatiya Nyaya Sanhita and Bihar Mineral Rules justify denial of bail.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 303(2), 317(2), 318(4)
- Bhartiya Nagrik Suraksha Sanhita, 2023 — s. 482
- Bihar Mineral (Prevention of Illegal Mining, Transportation and Storage) Rules — s. 39, 56(2)
Subjects
- anticipatory bail
- illegal mining
- licensing
- Bharatiya Nyaya Sanhita
- Bihar Mineral Rules
- Section 482
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7059 of 2026
Arising Out of PS. Case No.-137 Year-2025 Thana- CHANAN District- Lakhisarai
======================================================
Pritam Kumar S/o Yugal Kishor @ Yugal Kishor Singh @ Yogal Kishor Singh
R/o Village - Gaura Amni Tola, P.S - Teghra, District – Begusarai
... ... Petitioner/s
Versus
1. The State of Bihar
2. The District Mining Officer, Lakhisarai, District - Lakhisarai Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Mukesh Kant, Adv.,
Mr. Ashish Anand, Adv. & Ms. Alka Kumari, Adv.
For the Opposite Party/s : Mr. Mohammad Sufyan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
5 09-07-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends his arrest in a case
registered for the offence punishable under Sections 303(2),
317(2), 318(4) of Bharatiya Nyaya Sanhita and Sections 39 /
56(2) of Bihar Mineral (Prevention of Illegal Mining,
Transportation and Storage) Rules.
3. The allegation against the petitioner is that he has
unauthorizedly enhanced the capping capacity of his K. Storage.
It is further alleged that the petitioner is lincense holder, bearing
registration no. 832720301,but without permission of Mining
Officer, Lakhisarai and without OTP verification, he stored 20
M.T. Sand, causing loss to the Government exchequer.
Patna High Court CR. MISC. No.7059 of 2026(5) dt.09-07-2026
2/3
4. Learned counsel for the petitioner submits that
petitioner is innocent and has committed no offence. He has
been falsely been implicated in this case without any physical
verification of stock and without giving any opportunity of
hearing. The petitioner is a valid licence holder under the Rule
for stocking of minor mineral. Moreover, similarly situated co-
accused, namely, Kanhaiya Kumar has already been granted
bail, vide order dated 28.01.2026, passed in Cr. Misc. No. 1933
of 2026 by a co-ordinate Bench of this Court, of which,
paragraph - 7 is relevant, which reads as :-
“Looking to the overall facts and
circumstances of the case, submissions of learned
counsel for the parties as notes above, reasonable
apprehension of arrest of the petitioner, taking into
consideration the gravity of offence, nature of
accusation and there being no possibility of his
fleeing away from justice, this Court is of the view
that in the light of guidelines laid down by the
Hon’ble Apex Court in the case of Sushila
Aggarwal vs State (NCT of Delhi), (2020) 5 SCC
1, prima facie the petitioner has made out a case
for grant of anticipatory bail.”
5. Learned A.P.P. for the State has opposed the bail
petition.
6. Considering the aforesaid facts and circumstances,
Patna High Court CR. MISC. No.7059 of 2026(5) dt.09-07-2026
3/3
let the above named petitioner, in the event of arrest/surrender
within a period of eight weeks from today, be enlarged on bail
on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two
sureties of the like amount each to the satisfaction of learned
Additional Chief Judicial Magistrate - II, Lakhisarai, District -
Lakhisharai in connection with Chanan P.S. Case No. 137 of
2025, subject to condition as laid down under Section 482 of the
Bhartiya Nagrik Suraksha Sanhita, 2023.
(Prabhat Kumar Singh, J)
anay
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