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Patna High Court

Jitesh Kumar @ Jitesh KumrversusThe State of Bihar through the District Mines Officer, Saran at Chapra.

Decided
Disposal
DISPOSED

Holding

The Court modified the impugned order, directing loss assessment and deposit before granting pre‑arrest bail, thereby granting interim protection to the petitioner.

Summary

The petitioner, Jitesh Kumar, sought protection from arrest in a case (Kopa PS Case No. 71 of 2025) involving alleged illegal mining under Sections 21 of the M.M.D.R. Act, Sections 43 and 56 of the Bihar Minerals Concession Rules, and Sections 303(2) and 317(2) of the B.N.S. An FIR reported the seizure of two trucks and the apprehension of their drivers. No counter‑affidavit was filed by the State despite a prior order. The High Court observed that the offence is compoundable and directed the District Magistrate‑cum‑Mines Officer to assess the loss to the State. The petitioner was ordered to deposit the assessed amount pursuant to Section 56(2) of the Bihar Minor Mineral Concession Rules, 1972 and to furnish a bail bond of Rs 10,000 with two sureties for pre‑arrest bail. The court modified the impugned order, granting interim protection until the conditions are fulfilled, and imposed a cost of Rs 50,000 on the Mines Department. The application was thereafter disposed.

Issues considered

  • Whether the petitioner is entitled to pre‑arrest bail pending assessment and deposit of loss in a compoundable illegal mining offence.
  • Whether the lower court's order can be modified to impose conditions under Section 56(2) of the Bihar Minor Mineral Concession Rules and Section 482 of the Cr.P.C.

Legislation cited

Subjects

  • illegal mining
  • pre‑arrest bail
  • compoundable offence
  • assessment of loss
  • bail conditions
  • Bihar
  • Mines Department

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.87498 of 2025
                          Arising Out of PS. Case No.-71 Year-2025 Thana- KOPA District- Saran
                 ======================================================
                 Jitesh Kumar @ Jitesh Kumr S/O Om Prakash Singh Resident of Village-
                 Ram Lila Mathiya, P.S.- Bhagwan Bazar, District- Saran.

                                                                                    ... ... Petitioner/s
                                                     Versus
                 The State of Bihar through the District Mines Officer, Saran at Chapra. Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Alok Kumar Alok, Advocate
                 For the Opposite Party/s :       Mr.Naresh Dikshit, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                       ORAL ORDER

4   09-04-2026                           Heard Mr. Alok Kumar Alok, learned counsel

                   appearing on behalf of the petitioner and Mr. Naresh Dikshit,

                   learned APP appearing on behalf of the State.

                                2. The petitioner apprehends his arrest in connection

                   with Kopa P.S. Case No. 71 of 2025 registered under Sections

                   21 of the M.M.D.R. Act, sections 43 and 56 of Bihar Minerals

                   Concession, prevention of illegal mining, Transportation &

                   Storage Rule and section 303(2), 317(2) of B.N.S.

                                3. As per the allegation made in the FIR, the

                   informant, while conducting a raid along with police personnel

                   of Kopa Police Station on 12.04.2025, seized two trucks bearing

                   Registration Nos. BR04GA-4258 and BR01GC-3873 allegedly

                   involved in illegal mining, and apprehended their drivers.

                                4. No counter affidavit has been filed on behalf of the
Patna High Court CR. MISC. No.87498 of 2025(4) dt.09-04-2026
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          State in spite of the order dated 23.02.2026.

                       5. Considering the submissions made and the fact that

          the offence in question is compoundable in nature, this Court

          finds that appropriate assistance is required to be given by the

          Mines Officer for proper assessment of the loss to the State of

          Bihar. The District Magistrate-cum-Mines Officer concerned is

          directed to assess the total amount of loss within his jurisdiction,

          as may be attributable on account of failure on the part of the

          officials of the Mines Department. Upon such assessment, if the

          petitioner deposits the entire amount as per the provision of

          Section 56(2) of the Bihar Minor Mineral Concession Rules,

          1972 (as amended) and produces the receipt before the learned

          District Court, then in that case the learned District Court is

          directed to enlarge the petitioner on pre-arrest bail in the event

          of his arrest or surrender before the learned District Court within

          a period of four weeks from today, on furnishing bail bond of

          Rs. 10,000/- (Ten thousand) with two sureties of the like amount

          each, to the satisfaction of learned District Court where the case

          is pending in connection with Kopa P.S. Case No. 71 of 2025 ,

          subject to the condition as laid down under Section 482 of the

          BNSS//438(2) of the Cr.P.C.

                       6. The impugned order stands modified to the
           Patna High Court CR. MISC. No.87498 of 2025(4) dt.09-04-2026
                                                       3/3




                     aforesaid extent. The interim protection granted to the petitioner

                     shall continue till compliance of the above condition.

                                  7. Further, a cost of Rs. 50,000/- is directed to be

                     deposited with the Legal Cell of the concerned district by the

                     Mines Department.

                                  8. Accordingly, the present application stands

                     disposed of.



                                               (Purnendu Singh, J)
Ashishsingh/-

U      T


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