Yugal Kishore KewatversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.74429 of 2025
                 Arising Out of PS. Case No.-60 Year-2025 Thana- NAWADA MUFFASIL District- Nawada
                 ======================================================
           1.     Yugal Kishore Kewat Son of Late Daso Kewat R/o Village Panshala, P.S. -
                  Mufassil,lDist. - Nawada.
           2.    Anil Kumar @ Anil Yadav Son of Ramjilal R/o Village - Panshala, P.S. -
                 Muffasil, Dist. - Nawada.

                                                                               ... ... Petitioner/s
                                                     Versus
           1.    The State of Bihar
           2.    Mineral Development Officer, Nawada

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr.Mantu Kumar, Advocate
                 For the Opposite Party/s :     Mr.Ajit Kumar, APP
                 For the Mines Dept.      :     Mr.Naresh Dikshit, Spl.PP
                                                Ms.Shruti Singh, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                       ORAL ORDER

4   07-04-2026                          Heard Mr. Mantu Kumar, learned counsel

                   appearing on behalf of the petitioners; Mr. Ajit Kumar, learned

                   APP for the State and Mr.Naresh Dikshit, learned Spl.PP along

                   with Ms. Shruti Singh, learned counsel appearing on behalf of

                   the Mines Department.

                                2. The petitioners seek pre-arrest bail in connection

                   with Complaint case no. 60/2025 registered for the offence(s)

                   punishable under Sections 303(2), 317(2) and 111 BNS.

                                3.    As per the allegation made in the FIR, the

                   petitioners were found engaged in organized illegal sand mining

                   and transportation, and upon a police raid, one tractor loaded
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          with sand was seized while the petitioners fled from the spot.

                       4. Learned counsel appearing on behalf of the

          petitioners submitted that the petitioners are innocent and they

          have been falsely implicated in the present case. The present

          case has been instituted on the basis of the application dated

          18.02.2025 and on the alleged date of occurrence, the tractor in

          question was parked near the house of petitioner no. 1, which is

          duly corroborated by the GPS trip history report, and due to a

          local village dispute, the police have illegally seized the tractor

          and falsely implicated the petitioners in the alleged offence of

          illegal sand mining. The petitioner no.2 is the driver of the said

          tractor. The petitioners have clean antecedent. On these grounds,

          the petitioners seek to be released on pre-arrest bail.

                       5. Learned counsel appearing on behalf of the Mines

          Department submitted that the alleged offence relates to illegal

          mining/transportation and is governed by the Bihar Minerals

          (Concession, Prevention of Illegal Mining, Transportation and

          Storage) Rules, 2019, and in view of Section 56(2) thereof, the

          offence is compoundable and is to be dealt with by the

          competent authority in accordance with law.

                       6. Learned APP for the State vehemently opposed the

          prayer for grant of pre-arrest bail.
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                       7. Having heard the rival submissions made on behalf

          of the parties, as well as, upon perusal of the materials available

          on record, this Court finds that petitioner no. 1 is the owner and

          petitioner no. 2 is the driver of the tractor in question. The

          alleged offence is compoundable in nature under the aforesaid

          Rules. The tractor was found parked within the premises of

          petitioner no. 1, and thus, the question of confiscation does not

          arise at this stage. I am of the opinion that the petitioners have,

          prima facie, made out a case to be released on pre-arrest bail

                       8. The petitioners, above named, are directed to be

          released on pre-arrest bail, in the event of their arrest or

          surrender before the learned District Court within a period of

          four weeks from today, on furnishing bail bond of Rs. 3,40,000/-

          (Rupees Three Lakhs Forty Thousand) with two sureties of the

          like amount each to the satisfaction of learned District Court

          where the case is pending / Concerned Court in connection with

          Complaint case no. 60/2025, subject to the conditions as laid

          down under Section 482(2) of the BNSS.

                       9. The learned District Court is directed to verify

          the criminal antecedent of the petitioners and if it is found

          that the petitioners are involved in some other cases, as what

          has been stated in paragraph No.3 of the bail application,
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                     this order will automatically lose its force.

                                  10. The District Magistrate-cum-District Mining

                     Officer is directed to ensure that the authorities of the Mines

                     Department within his jurisdiction act strictly in accordance

                     with law and do not adopt any illegal or arbitrary approach.

                                  11. Accordingly, the present application stands

                     disposed of.



                                               (Purnendu Singh, J)
Ashishsingh/-

U      T