Patna High Court
Chutar Kumar @ Chutar Singh @ Satyaprakash SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
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
- Code of Criminal Procedure, 1973 — s. 482(2)
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
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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
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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
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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
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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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