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Patna High Court

Samina Khatoon @ Asmina KhatoonversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioners, subject to conditions, under Section 482(2) of the B.N.S., 2023.

Summary

The petitioners, four residents of Bandar Jhulli, sought bail fearing arrest in connection with a case involving illegal sand mining where a tractor was seized and a mob allegedly took it away. They contended they were neither owners nor present at the incident and that the prosecution’s charge under Section 132 of the B.N.S., 2023 (equivalent to IPC Section 353) was untenable as there was no force used against a public servant. The petitioners also highlighted their clean criminal record and the fact that they had not previously applied for anticipatory or regular bail. The State opposed the bail application. The High Court, after considering the submissions, granted the petition, directing that the petitioners be released on bail if arrested within eight weeks, subject to a bond of Rs.10,000 each with two sureties and conditions under Section 482(2) of the B.N.S., 2023.

Issues considered

  • Whether the petitioners are entitled to bail/anticipatory bail in the present case of alleged illegal mining and related offences.
  • Whether the ingredients of Section 132 of the B.N.S., 2023 (equivalent to IPC Section 353) are satisfied.
  • Whether the petitioners’ clean criminal record and lack of prior bail applications affect the grant of bail.

Legislation cited

Subjects

  • bail
  • anticipatory bail
  • illegal mining
  • Section 132
  • Section 303
  • Section 482
  • criminal procedure
  • Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL MISCELLANEOUS No.77356 of 2025
                     Arising Out of PS. Case No.-81 Year-2025 Thana- LAUKAHA District- Madhubani
                 ======================================================
           1.     Samina Khatoon @ Asmina Khatoon, W/o Md. Salam, R/o Village- Bandar
                  Jhulli, P.S.- Laukaha, District- Madhubani.
           2.    Md. Rahmul, S/o Md. Alauddin, R/o Village- Bandar Jhulli, PS- Laukaha,
                 District- Madhubani
           3.    Md. Suban @ Md. Subhan @ Md. Suabhan, S/o Mustuf ,R/o Village-
                 Bandar Jhulli, PS- Laukaha, District- Madhubani
           4.    Md. Guloo @ Najmuddin, S/o Md. Mangan, R/o Village- Bandar Jhulli, PS-
                 Laukaha, District- Madhubani.
                                                                      ... ... Petitioners
                                               Versus
           1.    The State of Bihar
           2.     The Mines Inspector, District Mines Office, Madhubani Bihar
                                                                     ... ... Opposite Partyies
                 ======================================================
                 Appearance :
                 For the Petitioners     :       Mr. Jitendra Kumar Bharti, Advocate
                                                 Ms. Nitu Kumari, Advocate
                 For the State           :       Mr. Pranav Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR
                                       ORAL ORDER
3   24-02-2026                    Heard learned counsel for the petitioners and learned

                   APP for the State.

                                  2. The present petition has been filed on behalf of the

                   petitioners, apprehending their arrest, in connection with

                   Laukaha PS. Case No-81 of 2025, registered for the offences

                   punishable under Sections 303(2), 132, 3(5) of the B.N.S., 2023

                   as well as Section 56(2) , 4 of the B.M.C.P. of illegal Mining

                   Transportation and Storage Rule and 4 of M.M.D.R.

                                  3. As per allegation, one tractor with illegal sand was

                   intercepted without any challan. It is further alleged that a mob

                   gathered there and the same was forcibly taken away by the
Patna High Court CR. MISC. No.77356 of 2025(3) dt.24-02-2026
                                            2/3




          owner of the tractor and other persons including the Petitioners.

                       4. Learned counsel for the petitioners submits that the

          Petitioners are innocent and have falsely been implicated in this

          case. He further submits that they are neither the owner of the

          vehicle nor the driver, nor they are anyway connected with the

          tractor involved in the alleged offence. They were not even

          present at the place of occurrence and their name have been

          given only on the basis of suspicion and even as per the

          allegation, at most, an offence of Section 132 B.N.S.S

          equivalent to Section 353 IPC will be made out but even all the

          ingredients for application of Section 132 B.N.S.S/ Section 353

          IPC is not fulfilled because there must be allegation of resorting

          to force in interference in the discharge of official duty by the

          public servant.

                       5. It is also stated in paragraph no. 2 of the bail

          petition that the petitioners have not moved this Court earlier

          either for anticipatory bail or regular one in the instant case.

                       6. It has further been stated in paragraph no.3 of the

          petition that the petitioners have no criminal antecedents.

                       7. Learned APP for the State vehemently opposes the

          prayer of the Petitioner for bail.

                       8. Considering the aforesaid facts and circumstances,
            Patna High Court CR. MISC. No.77356 of 2025(3) dt.24-02-2026
                                                        3/3




                      this petition is allowed, directing the petitioners above-named,

                      to be enlarged on bail, in the event of their arrest or surrender

                      before the court below within a period of eight weeks from the

                      date of receipt / production of a copy of this order, on their

                      furnishing bail bonds in the sum of Rs. 10,000 /- (Ten

                      Thousand) each with two sureties of the like amount each to the

                      satisfaction of learned Concerned Court below, in connection

                      with Laukaha PS. Case No-81 of 2025, subject to the conditions

                      as laid down under Section 482 (2) B.N.S.S., 2023 and on the

                      following conditions:

                                   (i) In case, it is brought to the notice of the court

                      below that the petitioners have any criminal antecedents,

                      learned court below shall cancel the bail bonds of the petitioners

                      after hearing them and getting satisfied that the petitioners have

                      concealed their criminal antecedents despite their knowledge of

                      the same.

                                   (ii) In case, it is brought to the notice of the court

                      below that statement regarding previous bail petition is wrong,

                      learned court below shall cancel the bail bonds of the

                      petitioners.


                                                                      (Jitendra Kumar, J.)
Chandan/-
U     T


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