Chandan Singh @ Arun Kumar SinghversusThe State of Bihar

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                             CRIMINAL MISCELLANEOUS No.87325 of 2025
                      Arising Out of PS. Case No.-462 Year-2025 Thana- BIDUPUR District- Vaishali
                 ======================================================
                 Chandan Singh @ Arun Kumar Singh S/O Shiv Chandra Singh Resident Of
                 Village - Ramdauli, P.S- Bidupur, Dist.- Vaishali At Hajipur

                                                                                   ... ... Petitioner/s
                                                       Versus
           1.    The State of Bihar
           2.    The Mining Inspector Vaishali at Hajipur Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :         Mr. Sachin Kumar, Advocate
                 For the State          :         Mr. Shyam Kumar Singh, APP
                 For the Mines Department:        Mr. Naresh Dikshit, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   09-01-2026                      Heard Mr. Sachin Kumar, learned counsel for the

                   petitioner, Mr. Shyam Kumar Singh, learned APP for the State and

                   Mr. Naresh Dikshit, learned counsel for the Mines Department.

                                 2. The petitioner is apprehending his arrest in

                   connection with Bidupur P.S. Case No. 462 of 2025, F.I.R. dated

                   01.07.2025 registered for the offences punishable under Sections

                   303(2), 317(2) of the B.N.S., 2023 and Sections 56, 39(3) of the

                   Bihar Mineral Amendment Act, 2021.

                                3. Allegation against the petitioner is of involving in

                   illegal mining and trading of white sand without any valid license

                   due to which Government has suffered a loss of Rs. 15,60,225/-

                   (Rupees Fifteen Lakhs Sixty Thousand and Two Hundred Twenty

                   five).
Patna High Court CR. MISC. No.87325 of 2025(2) dt.09-01-2026
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                        4. Learned counsel for the petitioner submits that the

          petitioner has clean antecedent and he has been falsely implicated

          in the present case. He further submits that the allegation as

          alleged in the F.I.R. is false and fabricated and from perusal of the

          F.I.R., it appears that the present F.I.R. was instituted merely on

          the ground of suspicion and except suspicion, no other cogent

          material has come during investigation to suggest the involvement

          of the petitioner in the present occurrence and without verifying

          the genuineness that whether the petitioner is the owner of the

          vehicle in question and the present F.I.R. was instituted against the

          petitioner by the Department.

                        5. Learned APP for the State as well as learned counsel

          for the Mines Department, on the other hand, opposed the prayer

          for anticipatory bail of the petitioner.

                        6. Considering the facts and circumstances of the case,

          let the petitioner, above named, in the event of his arrest or

          surrender before the court below within a period of thirty days

          from the date of receipt of the order, be released on bail on

          furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with

          two sureties of the like amount each to the satisfaction of learned

          Chief Judicial Magistrate, Vaishali at Hajipur in connection with

          Bidupur P.S. Case No. 462 of 2025, subject to the conditions as

          laid down under Section 438(2) of the Code of Criminal
               Patna High Court CR. MISC. No.87325 of 2025(2) dt.09-01-2026
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                         Procedure/ Section 482(2) of BNSS, 2023 and with other

                         following conditions :-

                                      (1) Petitioner shall co-operate in the trial and shall be

                         properly represented on each and every date fixed by the Court

                         and shall remain physically present as directed by the Court and on

                         his absence on two consecutive dates without sufficient reason, his

                         bail bond shall be cancelled by the Court below.

                                      (2) If the petitioner tampers with the evidence or the

                         witness, in that case, the prosecution will be at liberty to move for

                         cancellation of bail.

                                      (3) And, further condition that the court below shall

                         verify the criminal antecedent of the petitioner and in case at any

                         stage, it is found that the petitioner has concealed his criminal

                         antecedent, the court below shall take step for cancellation of bail

                         bond of the petitioner. However, the acceptance of bail bonds in

                         terms of the above-mentioned order shall not be delayed for

                         purpose of or in the name of verification.



                                                                       (Rajesh Kumar Verma, J)
Ibrar//-

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