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Patna High Court

Chutar Kumar @ Chutar Singh @ Satyaprakash SinghversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court allowed the anticipatory bail application, granting bail with conditions.

Summary

The petitioner, Chutar Kumar, was implicated in an FIR alleging illegal sand mining from the Khuri river, with accusations that he and others seized tractors and motorcycles used for the activity. He argued that the informant’s report did not specifically place him at the scene of the illegal mining and that he was not the owner of the seized vehicles, contending that the case was falsely instituted and that his prior criminal antecedents should not preclude bail. The State opposed the anticipatory bail, citing the seriousness of the offences under Sections 303(2), 132, 111 and 3(5) of the Bihar Natural Sand Act, 2023. The High Court, after considering the submissions, granted anticipatory bail subject to a bond of Rs. 25,000 with two sureties, the petitioner’s father as one bailor, and conditions under Section 482(2) of the CrPC for cancellation if he fails to cooperate or attempts to delay the trial. The order emphasized that the bail could be revoked if the investigating officer reports non‑cooperation or trial‑delaying tactics.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner despite the FIR alleging illegal sand mining.
  • Whether the petitioner’s prior criminal antecedents justify denial of bail.
  • Whether the FIR provides sufficient basis to conclude that the petitioner was directly involved in the alleged illegal activity.

Legislation cited

Subjects

  • anticipatory bail
  • illegal sand mining
  • false implication
  • prior criminal antecedent
  • Section 482 CrPC
  • Bihar Natural Sand Act
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.74709 of 2025
                     Arising Out of PS. Case No.-246 Year-2025 Thana- AKBARPUR District- Nawada
                 ======================================================
                 Chutar Kumar @ Chutar Singh @ Satyaprakash Singh S/O Kishori Singh R/O
                 VILLAGE- Kulna,P.S. - Akbarpur, DISTRICT- Nawada

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Deepak Kumar, Advocate
                 For the Opposite Party/s :      Mr. Md. Mushtaque Alam, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   16-02-2026                  1. Heard learned counsel for the petitioner and the

                   learned APP for the State.

                                2. The petitioner apprehends his arrest in a case

                   registered for the offences punishable under Sections 303(2),

                   132, 111 and 3(5) of the BNS, 2023.

                                3. Learned counsel appearing on behalf of the

                   petitioner submits that petitioner has antecedent of four cases,

                   but then petitioner was acquitted in two cases, as such, as of

                   now petitioner has antecedent of two cases only. It is next

                   submitted that informant alleges that he received secret

                   information that Kundan Kumar, Gopal Kumar, Karu Singh @

                   Karyanand        Sharma,     Sheru      Kumar       and    Chutar      Kumar

                   (petitioner) are illegally mining the sand from Khuri river,

                   accordingly, the informant reached the place of occurrence
Patna High Court CR. MISC. No.74709 of 2025(3) dt.16-02-2026
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          along with the police force and saw three tractors and two

          motorcycles in the riverbed and sand was being loaded on the

          tractors, further, on three tractors, 80, 90 and 70 Cft. of sand was

          loaded, accordingly, the tractors were seized along with the two

          motorcycles, but then the aforesaid five accused persons along

          with 10-15 unknown accused came and forcibly took the

          tractors away and the motorcycles were brought to the police

          station, thus, alleges that accused in an organized manner

          indulged in illegal mining of sand.

                       4. Learned counsel for the petitioner submits that

          petitioner has been falsely implicated in the instant case by the

          informant. It is next submitted that from perusal of the

          allegation as alleged in the FIR, it would manifest that

          informant alleges that he received secret information that

          accused persons including the petitioner were indulging in

          illegal mining, but then it is submitted that when informant

          reached the place of occurrence it is not alleged that petitioner

          was also seen indulging in illegal mining, rather it is alleged that

          three tractors along with two motorcycles were seized and the

          accused persons fled, thereafter it is alleged that the accused

          persons including the petitioner came along with 10-15

          unknown accused and forcibly took the tractors away. It is
Patna High Court CR. MISC. No.74709 of 2025(3) dt.16-02-2026
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          further submitted that the FIR does not even remotely suggest

          that the accused persons indulged in any kind of unruly

          behaviour for taking the tractors away. It is also submitted that it

          does not appear probable that in presence of the police force, the

          accused would have taken the tractors away without resorting to

          force, as such, it appears that the case has been falsely instituted.

          It is also submitted that since petitioner has antecedent, as such,

          he came to be implicated. It is fairly submitted that earlier Karu

          Singh had approached this Court seeking anticipatory bail by

          filing Criminal Miscellaneous No. 74388 of 2025 and the same

          came to be rejected by an order dated 19.11.2025, but then the

          case of the petitioner is not similar to that of Karu Singh, for the

          reason that Karu Singh was owner of one of the seized tractors

          and motorcycle, but it has been specifically pleaded at Para-9 of

          the anticipatory bail application that petitioner is not the owner

          of any of the seized vehicle. It is also submitted that petitioner

          will not abscond rather will cooperate in the investigation to

          prove his innocence.

                       5. Learned       A.P.P.    for     the   State   opposes   the

          anticipatory bail application of the petitioner.

                       6. Considering the submissions made by the learned

          counsel for the petitioner, the petitioner above-named, in the
Patna High Court CR. MISC. No.74709 of 2025(3) dt.16-02-2026
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          event of his arrest or surrender within a period of six weeks

          from today, be released on anticipatory bail on furnishing bail

          bonds of Rs. 25,000/- (Rupees Twenty Five Thousand) with

          two sureties of the like amount each to the satisfaction of the

          learned trial court where the case is pending/successor court in

          connection with Akbarpur P.S. Case No. 246 of 2025 subject to

          the conditions as laid down under Section 482 (2) of BNSS.

                       7. One of the bailors of the petitioner shall be his

          father namely Kishori Singh.

                       8. However, it is made clear that in the event if the

          Investigating Officer of the case files an application before the

          learned Trial Court bringing to its notice that petitioner despite

          giving assurance to this Court is not co-operating in the

          investigation, in that event the learned Trial Court shall be at

          liberty to cancel the bail bonds of the petitioner.

                       9. Let a copy of this order be sent to the concerned

          police station through the learned Trial Court.

                     10. It is further made clear that if charge sheet is

          submitted and thereafter the learned Trial Court comes to a

          conclusion that petitioner is trying to delay the framing of

          charge or after framing of charge is trying to delay the trial in

          any manner, in both the conditions the learned Trial Court shall
            Patna High Court CR. MISC. No.74709 of 2025(3) dt.16-02-2026
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                      be at liberty to cancel the bail bonds of the petitioner

                                     11. Accordingly, the instant anticipatory bail

                      application stands allowed.



                                                              (Satyavrat Verma, J)
Rishabh/-

U      T


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