Patna High Court
Md. Faziruddin @ FajiruddinversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAMESH CHAND MALVIYA
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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