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Patna High Court

Santu KumarversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

Anticipatory bail was denied because the accusation was specific, direct and involved a grave offence.

Summary

The petitioners, Santu Kumar and Saro Devi, owners of a tractor and trailer seized during a raid on illegal sand mining, sought anticipatory bail fearing arrest under Sections 303(2) and 317(2) of the B.N.S. The prosecution alleged that the seized vehicles were used to transport sand illegally excavated from the Dhadar river. The petitioners claimed innocence, asserting they were merely owners with clean records. The State and the Mines department opposed bail, emphasizing the owners’ direct link to the seized equipment. Considering the specific nature of the accusation and the seriousness of the offences, the court rejected the anticipatory bail application. Consequently, the petition for bail was dismissed.

Issues considered

  • Whether anticipatory bail can be granted to the owners of seized vehicles alleged to be used in illegal sand mining under Sections 303(2) and 317(2) of the B.N.S.

Legislation cited

Subjects

  • anticipatory bail
  • illegal sand mining
  • seizure of vehicle
  • Sections 303(2) B.N.S.
  • Sections 317(2) B.N.S.
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.7837 of 2026
                     Arising Out of PS. Case No.-334 Year-2025 Thana- NARDIGANJ District- Nawada
                 ======================================================
           1.     Santu Kumar Son of Chandradev Prasad Resident of Village - Gordhhoba,
                  P.S. - Tungi, Dist. - Nalanda.
           2.    Saro Devi Wife of Chandradev Prasad Resident of Village - Gordhhoba, P.S.
                 - Tungi, Dist. - Nalanda.

                                                                                 ... ... Petitioner/s
                                                      Versus

           1.    The State of Bihar
           2.    Mining Inspector, Nawada Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioners     :       Mr. Rabindra Prasad Singh, Advocate
                 For the State           :       Mr. Prem Kumar Jha, APP
                 For the Mines           :       Mr. Naresh Dikshit, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   20-02-2026                  Heard learned counsel appearing on behalf of the

                   petitioners, learned APP appearing on behalf of the State and

                   learned counsel for the Mines department.

                                2. The petitioners apprehend their arrest in a case

                   registered for the offence punishable under Sections 303(2) and

                   317(2) of the B.N.S..

                                3. The prosecution case, in brief, is that on 08.09.2025

                   at about 8:50 AM, the Mining Inspector, Nawada, conducted a

                   raid at Nardiganj and three tractors, loaded with illegally mined

                   sand, were seized. Later, on verification from the VLTS portal, it

                   was found that sand was illegally excavated from Dhadar river
             Patna High Court CR. MISC. No.7837 of 2026(2) dt.20-02-2026
                                                         2/2




                       and the seized tractors were being used to transport the sand.

                       Petitioner No. 1 is owner of the seized tractor bearing

                       Registration No. BR21GC4660 and Petitioner No. 2 is owner of

                       the seized trailer bearing Registration No. BR21GA4355.

                                    4. It is submitted by learned counsel appearing on

                       behalf of the petitioners that petitioners are quite innocent and

                       have committed no offence. Petitioners have falsely been

                       implicated in this case merely because they happen to be owner

                       of the seized tractor and trailer. Petitioners claim clean

                       antecedents.

                                    5. On the other hand, learned A.P.P. for the State and

                       learned counsel for the Mines have vehemently opposed the

                       prayer for grant of anticipatory bail to the petitioners and

                       submitted that petitioners are registered owner of the tractor and

                       trailer which was seized loaded with illegally mined sand.

                                    6. Considering the facts and circumstances of the

                       case, specific and direct nature of accusation and gravity of

                       offence, the prayer for grant of anticipatory bail to the

                       petitioners is rejected.



                                             (Prabhat Kumar Singh, J)
shashank/-
U      T


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