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Patna High Court

Md. Faziruddin @ FajiruddinversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

An anticipatory bail petition is not maintainable if the accused are already released on police bail under Section 35(3) of the BNS Act.

Summary

The petitioners, Md. Faziruddin and his son Abdullah, sought anticipatory bail fearing arrest in a case alleging illegal sand mining under Sections 303(2), 317(2) and 223 of the Bihar Non‑Statutory (BNS) Act and Sections 4(1), (2) and 21 of the Mining Rule, 1957, which purportedly caused a loss of Rs.74,906 to the exchequer. They claimed they were falsely implicated. The State opposed the bail, contending that both petitioners were already on police bail under Section 35(3) of the BNS Act since 28‑03‑2025, rendering the anticipatory bail petition non‑maintainable. The Court examined the statutory provision that anticipatory bail cannot be entertained when the accused are already on police bail. Consequently, the Court held that the anticipatory bail application was not maintainable and disposed of the petition.

Issues considered

  • Whether an anticipatory bail application is maintainable when the accused are already on police bail under Section 35(3) of the BNS Act.

Subjects

  • anticipatory bail
  • police bail
  • illegal mining
  • false implication
  • Bihar Non‑Statutory Act
  • Mining Rule 1957

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.80671 of 2025
                       Arising Out of PS. Case No.-62 Year-2025 Thana- DHORAIYA District- Banka
                 ======================================================
           1.     Md. Faziruddin @ Fajiruddin, aged about 54 years, Male, S/O Late Md.
                  Amiruddin, Resident of Village Karharia, Police Station-Dhoraiya, District-
                  Banka (Bihar)
           2.    Abdullah Maulana Faziruddin @ Md. Abdullah @ Abdullah, Son of Md.
                 Faziruddin @ Fajiruddin, Resident of Village Karharia, Police Station-
                 Dhoraiya, District-Banka (Bihar)

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Md. Nurul Hoda, Advocate
                 For the Opposite Party/s :       Mr. Binod Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND
                 MALVIYA
                                       ORAL ORDER

3   11-02-2026                  Heard learned counsel for the petitioners and learned

                   APP for the State.

                                2. The petitioners apprehend their arrest in a case

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

                   317(2) and 223 of the BNS and Section 4(1), (2) and 21 of the

                   Mining Rule, 1957.

                                3. As per allegation in the FIR, the illegal mining of

                   sand was carried out by the two tractors, due to which, loss of

                   government exchequer money approximately of Rs.74,906/-.

                                4. Learned counsel for the petitioners submits that

                   petitioners have falsely been implicated in this case. He next
           Patna High Court CR. MISC. No.80671 of 2025(3) dt.11-02-2026
                                                       2/2




                     submits that petitioner no.1 is father of petitioner no.2.

                                  5. Learned APP for the State opposes the prayer for

                     anticipatory bail of the petitioners and submits that both the

                     petitioners are on police bail under Section 35(3) of the BNSS

                     since 28.03.2025 and on account of that the present anticipatory

                     bail petition is not maintainable.

                                  6. In view of the aforesaid facts as well as the fact that

                     both the petitioners are on police bail under Section 35(3) of the

                     BNSS since 28.03.2025 and the present anticipatory bail

                     petition is not maintainable.

                                  7. According the present anticipatory bail application

                     is disposed of.



                                          (Ramesh Chand Malviya, J)
Brajesh Kumar/-

U      T


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