Patna High Court
Mantu Singh @ Mantu Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
Anticipatory bail was not granted to the petitioner.
Summary
Mantu Singh applied for anticipatory bail after being implicated in a sand‑mining case (PS No.143 of 2025) based on a co‑accused’s self‑inculpatory statement. He faced charges under Sections 303(2) and 317(2) of the Bharatiya Nyaya Sanhita, 2023, Section 21MM of the D&R Act and Section 56 of the B.M. (CPIMT&S) Amendment Rules, 2019. The Patna High Court, after hearing counsel, held that given the seriousness of the offences, anticipatory bail could not be granted. The court rejected the bail application, ordered the petitioner to surrender within four weeks and seek regular bail, and warned that failure to do so would lead to his arrest. The order was limited to the bail application and does not prejudice later proceedings.
Issues considered
- Whether anticipatory bail should be granted to the petitioner in view of the nature and gravity of the offences under the Bharatiya Nyaya Sanhita, D&R Act and CPIMT&S Rules.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 303(2), 317(2)
- B.M. (CPIMT&S) Amendment Rules, 2019 — s. 56
- D & R Act — s. 21MM
Subjects
- anticipatory bail
- illegal sand mining
- criminal procedure
- bail jurisprudence
- section 303
- section 317
- Bharatiya Nyaya Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.86929 of 2025
Arising Out of PS. Case No.-143 Year-2025 Thana- MAGADH UNIVERSITY District- Gaya
======================================================
Mantu Singh @ Mantu Kumar Singh S/o Govind Singh Resident of Village-
Koshila, P.S.- Magadh University, District- Gaya Ji
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sudhir Kumar Sinha
For the Opposite Party/s : Mr. Jharkhandi Upadhyay, APP
Mr. Umeshanand Pandit, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 24-02-2026 Heard the learned counsel for the petitioner and the
learned counsel for the State.
2. The petitioner apprehends arrest in connection with
Magadh University P.S. Case No. 143 of 2025, registered for
offences under Sections 303(2) and 317(2) of the Bharatiya
Nyaya Sanhita, 2023, and Sections 21MM (D&R) Act and 56 of
B.M. (CPIMT&S) Amendment Rules, 2019.
3. The petitioner is said to have been involved in the
illegal sand mining. The name of the petitioner has come in the
case on the self-inculpatory statement of the co-accused who
was caught on the spot.
4. Considering the nature and the gravity of the
offence, this Court is not inclined to grant the privilege of
Patna High Court CR. MISC. No.86929 of 2025(2) dt.24-02-2026
2/2
anticipatory bail to the petitioner in the present case.
5. Accordingly, the application for anticipatory bail is
hereby rejected.
6. The petitioner is directed to surrender in the court
below within a period of four weeks from today and seek
regular bail, failing which the Senior Superintendent of Police,
Gaya will take all steps for the arrest of the petitioner.
7. It is, however, clarified that the observations made
herein are limited to the adjudication of the present application
and shall not prejudice the case of the petitioner at any
subsequent stage of the proceedings.
8. Let a copy of this order be communicated to the
Senior Superintendent of Police, Gaya through FAX for its
compliance forthwith.
(Sandeep Kumar, J)
Shishir/-
U T
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