Patna High Court

Manoj Kumar Singh @ Manoj SinghversusThe State of Bihar

Decided: 9 February 2026
Disposal: DISPOSED
Bench: PRABHAT KUMAR SINGH

Holding

Anticipatory bail is granted to petitioner No.2 but denied to petitioner No.1.

Summary

Manoj Kumar Singh and Bablu Singh sought anticipatory bail after an FIR alleged they were involved in illegal sand mining from the Batane river, resulting in the seizure of 1,000 cubic feet of sand. The petitioners claimed innocence, noting that petitioner No.1 was not named in the FIR and that petitioner No.2 had only a prior unrelated criminal case. The State opposed bail, highlighting that petitioner No.1 had two prior similar offences. The court examined the nature of the allegations and the criminal antecedents of each petitioner. It denied pre‑arrest bail to petitioner No.1 but granted anticipatory bail to petitioner No.2 subject to a bail bond of Rs.10,000 and two sureties, with conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.

Issues considered

Whether anticipatory bail should be granted to petitioner No.1 in view of his prior similar offences.
Whether anticipatory bail should be granted to petitioner No.2 despite a prior unrelated criminal case.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
Bharatiya Nyaya Sanhita — s. 303(2), 317(2), 3(5)
Mines and Minerals (Development and Regulation) Act, 1957 — s. 21, 4(1)(A)

Subjects

illegal mining
anticipatory bail
criminal antecedents
sand mining
Bihar
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.81864 of 2025
                    Arising Out of PS. Case No.-124 Year-2025 Thana- MUFFASIL District- Aurangabad
               ======================================================
           1 . Manoj Kumar Singh @ Manoj Singh S/o- Late Avdhesh Singh R/v-
                Bharthauli Ps- Muffasil Dist- Aurangabad
           2.    Bablu Singh@ Bablu Kumar Singh S/o- Late Avdhesh Singh R/v-
                 Bharthauli Ps- Muffasil Dist- Aurangabad

                                                                                  ... ... Petitioner/s
                                                       Versus
           1.    The State of Bihar
           2.    The Mining Inspector, Aurangabad Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Santosh Kumar Pandey, Advocate
                 For the Opposite Party/s :       Mr. Suman Kumari Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   09-02-2026                     Heard learned counsel for the petitioners, informant

                   and the State .

                                2. Petitioners apprehend arrest in a case registered for

                   the offences punishable under Sections 303(2), 317(2), 3(5) of

                   the Bharatiya Nyaya Sanhita, Sections 4(1)(A)/21 of the Mines

                   and Minerals (Development And Regulation) Act, 1957, Rules

                   11, 18, 39 of the Bihar Minerals (Prevention of Illegal Mining,

                   Transportation and Storage) Rules, 2003 and Rule 56 of Bihar

                   Minerals Rule, 2021.

                                3 . Allegation against the F.I.R. named accused

                   persons is of illegal mining and storage of sand from the bank of

                   Batane river wtihout having any license and in course of raid,
Patna High Court CR. MISC. No.81864 of 2025(2) dt.09-02-2026
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          1000 Cubic feet of sand was recovered.

                       4. Learned counsel for the petitioners submit that

          petitioner are innocent and have committed no offence as

          alleged. Petitioner are not named in the F.I.R. and named

          accused Satyam Chauhan has already been granted anticipatory

          bail by coordinate Bench of this Hon’ble Court vide order dated

          11.08.2025 passed in Cr. Misc. No. 50676 of 2025 . Petitioner

          No. 2 has got 1 criminal antecedent of different nature in which

          he is on bail.

                       5 . Learned A.P.P. for the State vehemently opposed

          the bail application and submitted that petitioner No. 1 has got 2

          criminal antecedents of similar nature .

                       6. Considering the nature of accusation and criminal

          antecedents of petitioner No. 1 , his prayer for pre – arrest bail is

          rejected.

                       7. Considering the aforesaid facts and circumstances

          of the case , this anticipatory bail is allowed and it is ordered

          that let the above named petitioner No. 2 in the event of his

          arrest/surrender before the court below within a period of eight

          weeks from today, be enlarged on bail on furnishing bail-bond

          of Rs. 10,000/- (ten thousand) with two sureties of the like

          amount each to the satisfaction of Chief Judicial Magistrate ,
            Patna High Court CR. MISC. No.81864 of 2025(2) dt.09-02-2026
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                      Aurangabad in connection with Muffasil P. S. Case No. 124 of

                      2025 , subject to condition as laid down under Section 482(2) of

                      the Bharatiya Nagarik Suraksha Sanhita, 2023 .



                                            (Prabhat Kumar Singh, J)
Koushik/-

U      T

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