Patna High Court
Akash KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
Holding
The court granted anticipatory bail to the petitioner, subject to a bail bond and specific conditions.
Summary
The petitioner, Akash Kumar, sought anticipatory bail fearing arrest in a case (Muffasil P.S. Case No. 367 of 2025) involving alleged sand‑mafia activities and the seizure of 15‑20 tractors, with charges under sections 303(2), 111(3), 111(4), 317(2), 317(4), 317(5) and 61(2) of the B.N.S. The prosecution alleged that the tractors were seized from illegal sand extraction near the Falgu River, resulting in a loss of Rs.70,91,196. The petitioner contended that he was merely a labourer, not the driver or owner of any seized tractor, and that his antecedents alone led to his implication. The court noted that similar co‑accused had been granted bail by a coordinate bench in Shyam Kumar & Anr. v. State of Bihar. Considering these facts, the court was inclined to extend anticipatory bail, imposing a bond of Rs.10,000 with two sureties and a series of conditions regarding appearance before police and courts, non‑interference with witnesses, and abstention from further offences. The order directed that the petitioner be released on bail if arrested or surrendered within four weeks, subject to compliance with the stipulated conditions.
Issues considered
- Whether the petitioner is entitled to anticipatory bail despite the serious charges under sections 303, 111, 317 and 61 of the B.N.S.
- Whether the petitioner’s alleged role as a labourer, and not as driver or owner of the seized tractors, warrants bail
- Whether the precedent of bail granted to co‑accused in Shyam Kumar & Anr. v. State of Bihar is applicable
Legislation cited
- B.N.S. — s. 111(3), 111(4), 303(2), 317(2), 317(4), 317(5), 61(2)
Subjects
- anticipatory bail
- criminal procedure
- sand mafia
- seizure of tractors
- B.N.S. sections
- bail conditions
- pre‑cedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7662 of 2026
Arising Out of PS. Case No.-367 Year-2025 Thana- GAYA MUFASIL District- Gaya
======================================================
Akash Kumar S/O Dinesh Vishkarma @ Dinesh Vishwakarma R/O village -
Bhadeja, P.S- Muffasil, District - Gaya
... ... Petitioner/s
Versus
1. The State of Bihar
2. Principal Secretary,Department of Mines and Geology Govt. of Bihar Patna.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vinod Kumar, Advocate
For the Advocate : Mr. Ahmad Ali, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
3 01-04-2026 Heard the parties.
2. The petitioner is apprehending his arrest in
connection with Muffasil P.S. Case No. 367 of 2025 registered
for the offence under Sections 303(2), 111(3), 111(4), 317(2),
317(4), 317(5) and 61(2) of the B.N.S., lodged on 21.04.2025
by the informant, Kashif Kamal.
3. As per the prosecution story, the informant alleged
that on secret information that sand mafias are extracting sands
near Falgu River, the place was raided and 15 to 20 Tractors
seized. The loss was assessed as Rs.70,91,196/-, accordingly
F.I.R. against named accused persons.
4. Learned counsel for the petitioner submits that he
is neither the driver nor owner of any of the Tractor, is a labour
and only because of criminal antecedent, got implicated.
Further, some of the similar placed co-accused have been
Patna High Court CR. MISC. No.7662 of 2026(3) dt.01-04-2026
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granted bail by coordinate Benches of this Court one of the said
order passed Cr. Misc. No. 4915 of 2026 (Shyam Kumar and
Anr. vs. The State of Bihar).
5. Learned APP opposes the prayer submitting that his
name has come in the F.I.R..
6. Taking into account the aforesaid facts as also that
the petitioner is neither driver nor owner of the any seized
Tractor and further similar placed co-accused have been granted
relief, as recorded above, in that background, this Court is
inclined to extend him the privilege of anticipatory bail.
7. Let the petitioner be released on bail in the event of
arrest or surrender within a period of four weeks from the
receipt of this order, on furnishing bail bond of Rs. 10,000/-
(Ten thousand) with two sureties of like amount each to the
satisfaction of learned Chief Judicial Magistrate, Gaya, in
connection with Muffasil P.S. Case No. 367 of 2025 subject to
the following conditions:-
(i) one of the bailor should be the family
member/relative of the petitioner who shall provide official
document (Aadhar Card/Voter Id/Driving License/Pan Card) to
show his/her bona fide;
(ii) the petitioner shall be appearing before the Police
Patna High Court CR. MISC. No.7662 of 2026(3) dt.01-04-2026
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Station as and when required for cooperating in the
investigation;
(iii) the petitioner shall appear on each and every date
before the Trial Court and failure to do so for two consecutive
dates without plausible reason will entail cancellation of his/her
bail bond by the Trial Court itself;
(iv) the petitioner shall appear before the concerned
police station every month for next six months to mark his
attendance and at the end of the period a certificate be submitted
before the Trial Court failing which the State shall be at liberty
to take steps for cancellation of bail bonds;
(v) the petitioner shall in no way try to induce or
promise or threat the witnesses or tamper with the evidences,
failing which the State shall be at liberty to take steps for
cancellation of the bail bonds;
(vi) the petitioner shall desist from committing any
criminal offence again, failing which the State shall be at liberty
to take steps for cancellation of bail bonds.
(Rajiv Roy, J)
vinayak/-
U T
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