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Patna High Court

Ashok KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail to the petitioner, subject to a bail bond, sureties, and the condition of refunding Rs. 26,000 to the Mines Department.

Summary

Ashok Kumar, the registered owner of a tractor on which 100 cubic feet of sand was illegally mined, faced arrest in a complaint case under IPC sections 379 and 411, Section 21 of the MM(D&R) Act 1957 and Section 56 of the BM(CPIMTS) Amendment Act 2021. He applied for anticipatory bail, offering to refund Rs. 26,000 to the Mines Department, which did not oppose the refund. The Patna High Court, after hearing counsel, granted anticipatory bail on the condition that Kumar furnishes a bail bond of Rs. 10,000 with two sureties and deposits the refund amount via bank draft within eight weeks. The order was made without examining the merits of the underlying criminal allegations. Failure to comply with the refund condition would permit cancellation of the bail bond.

Issues considered

  • Whether anticipatory bail can be granted in a complaint case involving offences under the IPC, MM(D&R) Act and BM(CPIMTS) Amendment Act.
  • Whether the court may impose the condition of refunding the alleged proceeds as a term of anticipatory bail.
  • Whether the prescribed bail bond and surety amounts are appropriate under the circumstances.

Legislation cited

Subjects

  • anticipatory bail
  • illegal mining
  • theft
  • criminal procedure
  • bail conditions
  • refund
  • complaint case

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.83997 of 2025
                         Arising Out of PS. Case No.-623 Year-2023 Thana- TEKARI District- Gaya
                 ======================================================
                 Ashok Kumar S/O Raghulal Saw Resident of Village- Istpur, Jakhura,
                 Aurangabad (Bihar)- 823001.
                                                                  ... ... Petitioner/s
                                             Versus
           1.     The State of Bihar
           2.    Mines Department Gaya, Bihar
                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner       :        Ms. Priya, Advocate
                                                   Mr. Sanjay Kumar, Advocate
                 For the State            :        Mr. Kalyan Shankar, APP
                 For the Mines Deptt.     :        Mr. Naresh Dikshit, Adv.
                                                   Ms. Kalpana, Adv.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   06-01-2026                  Heard learned counsel for the petitioner, learned

                   A.P.P. for the State and learned counsel appearing on behalf of

                   opposite party no. 2/Mines Department.

                                2. The petitioner apprehends his arrest in a complaint

                   case punishable for the offence under Sections 379, 411 of the

                   I.P.C., Section 21 of MM(D&R) Act 1957 and Section 56 of

                   BM(CPIMTS) Amendment Act, 2021.

                                3. Petitioner is registered owner of the seized tractor,

                   upon which, 100 CFT illegally mined sand was loaded.

                                4. At the outset, learned counsel for the petitioner

                   submits that petitioner is ready to refund the alleged money i.e.

                   Rs. 26,000/- (Rupees twenty six thousand) in the office of

                   Mines Department, for which, learned counsel for the opposite

                   party no. 2 does not oppose.
           Patna High Court CR. MISC. No.83997 of 2025(2) dt.06-01-2026
                                                       2/2




                                  5. Considering the aforesaid facts and circumstances,

                     let the above named petitioner, in the event of his

                     arrest/surrender 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 learned A.C.J.M. - VI, Anjali Nag Court, Gaya in

                     connection with Tekari P.S. Case No. 623 of 2023, subject to

                     condition as laid down under Section 438(2) of the

                     Cr.P.C./Section 482 of the B.N.S.S. with further following

                     conditions:

                                    “(A) At the time of furnishing bail-bond, the
                                    petitioner shall refund Rs. 26,000/- (twenty six
                                    thousand) through Bank Draft in the office of
                                    opposite party no. 2 i.e. Mines Department, Gaya
                                    and receipt of the same shall be furnished along
                                    with bail-bond in the Court concerned.

                                    (B) If petitioner fails to comply the direction of
                                    this Court, the learned Court below would be at
                                    liberty to cancel the bail-bond of the petitioner.”

                                   6. It is made clear that aforesaid order has been

                     passed only for considering the prayer for anticipatory bail

                     without going into the merit of the case.


                                                             (Prabhat Kumar Singh, J)
anay

U      T


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