Patna High Court
Raju SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted anticipatory bail to the petitioner, subject to a monetary bond and the condition of cooperation with the investigation.
Summary
The petitioner, Raju Singh, was not named in the FIR but was implicated because his tractor was found loaded with sand allegedly extracted by a sand mafia. He faces potential arrest under multiple sections of the Bihar Nagar Sand (BNSS) Act, 2023 and Section 27 of the Arms Act. The petitioner argued that he merely hired out his tractor and was unaware of its illegal use, and he sought anticipatory bail, citing a similar order granted to a co‑accused. The State opposed the bail, contending the seriousness of the offences. The Court, after considering the submissions, granted anticipatory bail subject to a bond of Rs. 25,000 with two sureties and a condition that the bail may be cancelled if the petitioner fails to cooperate with the investigation. The order was made under Section 482(2) of the BNSS Act, emphasizing the need for cooperation with the probe.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 482(2) of the BNSS Act, 2023 despite the seriousness of the alleged offences
- Whether the conditions imposed by the Court are sufficient to ensure the petitioner’s cooperation with the investigation
Legislation cited
- Arms Act — s. 27
- B.N.S., 2023 — s. 109, 111, 121(1), 121(2), 125, 132, 190, 191(2), 191(3), 303(2), 317(2), 317(4), 317(5), 482(2)
Subjects
- anticipatory bail
- sand mining
- illegal sand extraction
- BNSS Act
- Arms Act
- criminal procedure
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.80693 of 2025
Arising Out of PS. Case No.-947 Year-2024 Thana- GAYA MUFASIL District- Gaya
======================================================
Raju Singh S/o Late Baliram Singh @ Rambali Ram R/o Vill- Bhadeja, PS-
Mufassil, Dist- Gaya
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Priya Ranjan
For the Opposite Party/s : Mr. Nand Kishore Prasad
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 16-01-2026 1. Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends his arrest in a case
registered for the offences punishable under Sections 190,
191(2), 191(3), 109, 303(2), 317(2), 317 (4), 317(5), 111, 125,
132, 121(1), 121(2) of the B.N.S., 2023 and Section 27 of the
Arms Act.
3. The learned counsel for the petitioner submits that
petitioner has antecedent of two cases and the informant alleges
that based on secret information regarding extracting sand by
sand mafia, the police conducted raid at the bank of Falgu river
and apprehended six persons on the spot with 21 tractors loaded
with sand along with one Hero Honda motorcycle.
4. Learned counsel for the petitioner submits that FIR
Patna High Court CR. MISC. No.80693 of 2025(3) dt.16-01-2026
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was instituted against 34 named accused and 50-60 unknown
accused. It is further submitted that petitioner is not named in
the FIR and he came to be implicated based on the fact that his
tractor was found loaded with sand. It is next submitted that
petitioner gives his tractor on hire and as such was not aware
that the same would be used in extraction of sand illegally. It is
further submitted that petitioner will not abscond rather will
cooperate in the investigation to prove his innocence. It is next
submitted that similar situated co-accused Sunil Saw @ Sunil
Kumar @ Sunil Kumar Gupta had approached this Court
seeking anticipatory bail by filing Cr. Misc. No.63955/2025 and
the same came to be allowed by an order dated 26.09.2025.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
6. Considering the submissions made by the learned
counsel for the petitioner, the petitioner above-named, in the
event of his arrest or surrender before the learned trial court
within a period of six weeks from today, be released on
anticipatory bail on furnishing bail bonds of Rs. 25,000/-
(Rupees Twenty-five Thousand) with two sureties of the like
amount each to the satisfaction of the learned trial court where
the case is pending/successor court in connection with Muffasil
Patna High Court CR. MISC. No.80693 of 2025(3) dt.16-01-2026
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P.S. Case No. 947 of 2024, subject to the conditions as laid
down under Section 482 (2) of the BNSS.
7. However, it is made clear that in the event, if the
Investigating Officer of the case files an application before the
learned trial court bringing to its notice that the petitioner,
despite giving assurance to this Court, is not cooperating in the
investigation, in that event, the learned trial court shall be at
liberty to cancel the bail bonds of the petitioner.
(Satyavrat Verma, J)
amit/-
U T
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