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Patna High Court

Md. Fayjain Ansari @ Md Faijan AnsariversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                                          3/3




                        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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