Patna High Court
Amit Rai @ Amit KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- ANSHUMAN
Holding
Anticipatory bail was denied because the petitioner had taken on lease the land from which illegal sand was recovered.
Summary
The petitioner, Amit Rai, was implicated in a police raid on 27‑08‑2025 that uncovered illegal sand mining on land he had leased. He faced charges under Sections 303(2) and 317(2) of the Bharatiya Nyaya Sanhita, 2023 and Section 56 of the Bihar Mining Rules, 2019. The petitioner applied for anticipatory bail, claiming innocence and a clean antecedent, while the Department of Mines and Minerals argued that the illegal sand was found on the leased land. The High Court, noting the petitioner’s lease of the land where the contraband sand was recovered, declined to grant anticipatory bail. The Court directed the petitioner to surrender within six weeks and instructed the trial court to consider a surrender‑cum‑bail application on the merits.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the Bharatiya Nyaya Sanhita, 2023 and Bihar Mining Rules, 2019 given the alleged illegal sand mining on leased land?
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 303(2), 317(2)
Subjects
- anticipatory bail
- illegal mining
- sand mining
- lease land
- Bharatiya Nyaya Sanhita
- Bihar Mining Rules
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8292 of 2026
Arising Out of PS. Case No.-1047 Year-2025 Thana- NAGAR District- Vaishali
======================================================
Amit Rai @ Amit Kumar son of Sri Yogendra Rai @ Jogendra Rai R/o -
Konhara Ghat hela Bazar, Hazipur, P.S - Town Thana Vaishali, District -
Vaishali At Hazipur
... ... Petitioner/s
Versus
1. The State of Bihar
2. Department of Mines and Minerals through its commissioner, Bihar, Patna
bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rakesh Kumar Singh, Advocate
For the State : Mr. Dr. Ajeet Kumar, APP
For the Mines Department : Mr. Naresh Dikshit, Spl. P.P. Mines
Ms. Shruti Singh, Advocate
Mr. Utkarsh Pathak, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
3 01-04-2026 Heard learned counsel for the petitioner, learned
counsel for the State and learned counsel for the Department of
Mines and Minerals.
2. The petitioner is apprehending arrest in connection
with Vaishali Town P.S. Case No. 1047 of 2025, dated
29.08.2025, lodged under Sections 303(2) and 317(2) of the
Bharatiya Nyaya Sanhita, 2023 (hereinafter referred to as “BNS,
2023”), and under Section 56 of the Bihar Mining Rules, 2019,
pending before the Court of the D.A.S.J.-VII, Vaishali at
Hajipur.
Patna High Court CR. MISC. No.8292 of 2026(3) dt.01-04-2026
2/3
3. As per the prosecution, FIR has been lodged against
four named accused persons including the present petitioner
alleging that on 27.08.2025 at about 11:30 AM, the police
conducted a raid near the river bank at Harivanshpur on the
basis of secret information regarding illegal mining and storage
of sand. During the raid, a loader was seen loading sand onto a
tractor, but the persons involved fled from the spot taking
advantage of the flooded road.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. Counsel
further submits that the antecedents of the petitioner are clean.
Counsel further submits that the petitioner is not the owner of
the land.
5. Learned counsel for the Department of Mines and
Minerals opposes the prayer for bail of the petitioner and
submits that it has come to light that the petitioner is the person
who has taken the land on lease, and on the said land, illegal
sand was found.
6. In the present facts and circumstances, and
particularly on the ground that the petitioner has taken the land
on lease and illegal sand was recovered from his land, this Court
is not inclined to grant anticipatory bail to the petitioner.
Patna High Court CR. MISC. No.8292 of 2026(3) dt.01-04-2026
3/3
Accordingly, the prayer for anticipatory bail of the petitioner is
hereby rejected.
7. It is directed to the petitioner to surrender before
the Trial Court within a period of six weeks from today. In case
the petitioner surrenders within the said period and is ready to
pay the loss caused to the department by him, the Trial Court is
directed to pass order on his surrender-cum-bail application on
the same day, without being prejudiced by the fact that the
anticipatory bail of the petitioner has been rejected by this
Court, and the Trial Court shall pass orders on the merits of the
case.
(Dr. Anshuman, J.)
Aman Kumar/-
U T
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