Patna High Court
Bhola @ ShamimuddinversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court held that the petitioners are entitled to bail as the allegations against them are general and not specifically substantiated.
Summary
The petitioners, a group of individuals from Ward No. 11, Araria, sought bail fearing arrest in a case concerning illegal sand mining. The prosecution alleged that during a raid on 5 December 2024, the petitioners were involved in the forcible release of seized tractors and assault on police, invoking multiple sections of the Bhartiya Nyaya Sanhita, the Mines & Minerals (Development and Regulation) Act, Bihar Minerals Rules, and the Environment Protection Act. The petitioners contended that the FIR specifically named only the Mukhiya and her son, and that they had no ownership or driver role in the seized tractors, asserting a clean antecedent. The State opposed bail, but the court examined the general and omnibus nature of the allegations against the petitioners. Considering the lack of direct evidence linking them to the offences and the principle of bail under Section 482 of the Bhartiya Nagrik Suraksha Sanhita, the court ordered that the petitioners be released on bail upon furnishing the required bonds and sureties.
Issues considered
- Whether the petitioners are liable under the various sections alleged in the FIR for the illegal mining incident
- Whether bail can be granted to the petitioners under Section 482 of the Bhartiya Nagrik Suraksha Sanhita
Legislation cited
- Bhartiya Nagrik Suraksha Sanhita, 2023 — s. 482
- Bhartiya Nyaya Sanhita — s. 115(2), 126(2), 132, 190, 191(2), 303(2), 324(4), 324(5), 352
- Environment (Protection) Act — s. 15
Subjects
- bail
- illegal mining
- criminal procedure
- section 191
- section 190
- section 126
- section 115
- section 132
- section 303
- section 324
- section 352
- environment law
- mineral regulation
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7329 of 2026
Arising Out of PS. Case No.-131 Year-2024 Thana- TARABARI District- Araria
======================================================
1. Bhola @ Shamimuddin Son of Shamsuddin R/o Ward No. 11, P.S. - Tarabari
District - Araria.
2. Ali Hasan @ Pappu Son of Bhola @ Shamuddin R/o Ward No. 11, P.S. -
Tarabari District - Araria.
3. Md. Hasnain @ Hasnain Son of Bhola @ Shamimuddin R/o Ward No. 11,
P.S. - Tarabari District - Araria.
4. Khushdil Son of Bhola @ Shamimuddin R/o Ward No. 11, P.S. - Tarabari
District - Araria.
5. Khurshid Alam @ Khurshid Son of Islamuddin R/o Ward No. 11, P.S. -
Tarabari District - Araria.
6. Galib @ Galib Hussain Son of Islamuddin R/o Ward No. 11, P.S. - Tarabari,
District - Araria.
7. Bakruddin Son of Niyazuddin R/o Ward No. 11, P.S. - Tarabari District -
Araria.
8. Md. Ragib @ Ragib Son of Kabir R/o Ward No. 11, P.S. - Tarabari District -
Araria.
9. Md. Matin Rahi @ Munna @ Matin Rahi @ Munna Son of Islamauddin R/o
Ward No. 11, P.S. - Tarabari District - Araria.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Md. Arman Son of Md. Mustafa R/o Ward No. 11, P.S. - Tarabari District -
Araria.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr./Ms. Sanjay Kumar, Vishnu Manjali, Damini,
and Rashmi Kumari, Advocates
For the Opposite Party/s : Mr. Ashok Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 19-02-2026 Heard learned counsel for the petitioners and learned
A.P.P. for the State.
2. The petitioners apprehend their arrest in a case
registered for the offence under Sections 191(2), 190, 126(2),
Patna High Court CR. MISC. No.7329 of 2026(2) dt.19-02-2026
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115(2), 132, 303(2), 324(4) & (5), 352 of the Bhartiya Nyaya
Sanhita and Section 21(4) of the Mines & Minerals
(Development and Regulation) Act, 1957 and Rule 56 of the
Bihar Minerals Rules and Section 15 of the Environment
Protection Act.
3. As per prosecution case, on 05.12.2024 at 11:56
hrs., the mines inspector, Araria along with other police officials
conducted raid at Metan Ghat and seized several tractors,
involved in illegal mining of sand, but in the meantime,
Mukhiya & her son along with 100-150 unknown persons
forcibly got released seized tractors and also misbehaved with
police personnel and damaged the government vehicles.
4. Learned counsel for the petitioners submits that as
per F.I.R. itself, specific accusation is against Mukhiya and her
son Ansur Rahman. So far as these petitioners are concerned,
there is general & omnibus allegation. Petitioners are neither
owner nor driver of any of the seized tractors. Petitioners claim
clean antecedent.
5. Learned A.P.P. for the State has opposed the bail
petition.
6. In the facts and circumstances of the case, let the
above named petitioners, in the event of their arrest/surrender
Patna High Court CR. MISC. No.7329 of 2026(2) dt.19-02-2026
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within a period of eight weeks from today, be enlarged on bail
on furnishing bail-bonds of Rs. 10,000/- (ten thousand) each
with two sureties of the like amount each to the satisfaction of
learned J.M. 1st Class-cum-Additional Munsif – VI, District -
Araria in connection with Tarabari P.S. Case No. 131 of 2024,
subject to condition as laid down under Section 482 of the
Bhartiya Nagrik Suraksha Sanhita, 2023.
(Prabhat Kumar Singh, J)
anay
U T
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