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Patna High Court

Raushan KumarversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

The court refused bail to the petitioners.

Summary

The petitioners, four individuals from Nawada district, were implicated in an illegal sand mining case after a police search uncovered sand-laden trucks and a WhatsApp list naming them as participants. The prosecution alleged offences under Sections 303(2), 317(2), 318(4), 336(3) and 111 of the Bharatiya Nyaya Sanhita, and highlighted the petitioners' prior criminal records. The petitioners applied for bail, fearing arrest, and were represented by Mr. Arun Kumar. The State, represented by Mr. Parmanand Kumar, opposed bail, emphasizing the seriousness of the alleged offences and the petitioners' antecedents. Justice Prabhat Kumar Singh, after hearing both sides, refused the bail application, concluding that the nature of the accusations and the petitioners' criminal histories warranted continued custody. The order was delivered on 16‑01‑2026 in the Patna High Court.

Issues considered

  • Whether bail should be granted to the accused persons in view of the offences under the Bharatiya Nyaya Sanhita and their prior criminal antecedents

Legislation cited

Subjects

  • bail
  • illegal sand mining
  • criminal antecedents
  • Bharatiya Nyaya Sanhita
  • Patna High Court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.77037 of 2025
                       Arising Out of PS. Case No.-377 Year-2024 Thana- HISUWA District- Nawada
                 ======================================================
           1.     Raushan Kumar S/O Pawan Prabhas R/o Vill.- Bhadseni, P.S.- Hisua,
                  District- Nawadah
           2.    Chandan Kumar S/O Chunnu Singh R/o Vill.- Oraina, P.S.- Mufassil,
                 District- Nawadah
           3.    Sant Yadav @ Baliram Kumar Yadav S/O Prabhu Yadav R/o Vill.-
                 Chitraghati, P.S.- Hisua, District- Nawadah
           4.    Ajay Kumar S/O Chand Manjhi R/o Vill.- Chandra Shekhar Nagar, P.S.-
                 Hisua, District- Nawadah

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Arun Kumar, Advocate
                 For the Opposite Party/s :       Mr. Parmanand Kumar, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   16-01-2026                  Heard learned counsel for the petitioners and the

                   State.

                                2. Petitioners apprehend arrest in a case registered for

                   the offences punishable under Sections 303(2), 317(2), 318(4),

                   336(3) & 111 of the Bharatiya Nyaya Sanhita.

                                3. As per the prosecution case, on information having

                   been received, a search was conducted and two Hyvas and a

                   truck were found loaded with sand. On asking for challan the

                   same were produced, the details of which have been given in the

                   FIR. Informant further states that some of the accused persons
              Patna High Court CR. MISC. No.77037 of 2025(2) dt.16-01-2026
                                                          2/2




                        were taken into custody. Further on going through the

                        WhatsApp in the mobile phone of one of the operators, a list

                        containing names of several accused persons were found who

                        were involved in illegal mining of sand. Said list indicated name

                        of these petitioners. Petitioner no.1 has got 8 criminal

                        antecedents, petitioner no. 2 has got 2 criminal antecedents and

                        petitioner no. 3 has got 6 criminal antecedents.

                                     4. Considering the nature of accusation and criminal

                        antecedents, prayer for bail of the petitioners is refused.



                                              (Prabhat Kumar Singh, J)
Navya/-

U         T


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