Patna High Court
Md. Fayjain Ansari @ Md Faijan AnsariversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail is granted to the petitioner subject to specified monetary and surety conditions.
Summary
The petitioner, Md. Fayjain Ansari, was accused of operating a brick kiln without depositing the required mining royalty for the past two to three years, attracting charges under Section 303(2) of the Bharatiya Nyaya Sanhita, provisions of the Mines and Minerals (Development and Regulation) Act, the Environmental Protection Act, and several Bihar Mineral Rules. Fearing arrest, the petitioner applied for anticipatory bail, offering to deposit Rs.1 lakh as a compromise. The Court, after hearing counsel, granted anticipatory bail subject to a bail‑bond of Rs.10,000 with two sureties and a staged payment of the royalty amount (Rs.50,000 upfront and the balance in two installments). The order was made under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, emphasizing that the bail is granted without prejudice to the merits of the case. The Court also warned that failure to comply with the payment conditions could lead to cancellation of the bail‑bond.
Issues considered
- Whether anticipatory bail can be granted in a case involving alleged illegal mining and environmental offences.
- Whether the Court may impose payment of pending mining royalty as a condition of anticipatory bail.
- Whether Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita authorises the grant of anticipatory bail in such circumstances.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Bharatiya Nyaya Sanhita — s. 303(2)
- Environmental Protection Act — s. 15
- Mines and Minerals (Development and Regulation) Act — s. 21, 4(1)(A)
Subjects
- anticipatory bail
- illegal mining
- environmental law
- bail conditions
- Section 482
- mining royalty
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8657 of 2026
Arising Out of PS. Case No.-209 Year-2025 Thana- RAFIGANJ District- Aurangabad
======================================================
Md. Fayjain Ansari @ Md Faijan Ansari S/O Asgar Ansari R/O Village-
Mahari, P.S- Rafiganj, Dist.- Aurangabad.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Mines and Geology Department, Aurangabad, Bihar through Mines
Inspector Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Amish Kumar, Advocate
For the Opposite Party/s : Mr. Pranav Kumar, A.P.P.
For the O.P. No. 2 : Mr. Naresh Dikshit, Ms. Shruti Singh, Advocates
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
4 21-04-2026 Heard learned counsel for the petitioner, opposite
party no. 2 and the State.
2. Petitioner apprehends arrest in a case registered for
the offences punishable under Section 303(2) of the Bharatiya
Nyaya Sanhita, Sections 4(1)(A), 21 of the Mines and Minerals
(Development and Regulation) Act, Section 15 of the
Environmental Protection Act, Sections 11, 38, 56, 34, 18 of the
Bihar Mineral (Prevention of Illegal Mining, Transportation and
Storage) Rules.
3. It is alleged that this petitioner was operating brick
kiln without depositing the consolidated mining royalty for the
last 2-3 years.
Patna High Court CR. MISC. No.8657 of 2026(4) dt.21-04-2026
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4. Learned counsel for the petitioner submits that
recovery proceedings for earlier sessions are already pending
against the petitioner. However, at this stage, without admitting
his guilt, petitioner is ready to deposit Rs. 1 lac.
5. Considering the aforesaid contention made on
behalf of the petitioner, this anticipatory bail is allowed and it is
ordered that let the above named petitioner 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 learned Chief Judicial
Magistrate, Aurangabad in connection with Rafiganj P. S. Case
No. 209 of 2025, subject to condition as laid down under
Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita with
direction to the petitioner that :-
(i) Petitioner shall deposit Rs. 50,000/- (fifty
thousand) through Bank Draft in the office of Mineral
Development Officer, Aurangabad and produce its receipt at the
time of furnishing bail-bond and, rest amount i.e., Rs. 50,000/-
(fifty thousand) shall be deposited in two equal installments of
Rs. 25,000/- (twenty five thousand) each within a period of two
months thereafter through Bank Draft in the office of Mineral
Patna High Court CR. MISC. No.8657 of 2026(4) dt.21-04-2026
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Development Officer, Aurangabad, failing which, the learned
court below would be at liberty to cancel the bail-bond.
6. It is made clear that without going into the merit of
the case, this order has been passed for the purpose of bail and
payment of aforesaid amount shall be subject to the final
outcome of the case.
(Prabhat Kumar Singh, J)
Navya/-
U T
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