Patna High Court
Jitesh Kumar @ Jitesh KumrversusThe State of Bihar through the District Mines Officer, Saran at Chapra.
- Decided
- Disposal
- DISPOSED
- Bench
- PURNENDU SINGH
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
- Bihar Minor Mineral Concession Rules, 1972 — s. 56(2)
- B.N.S. — s. 303(2), 317(2)
- Code of Criminal Procedure, 1973 — s. 482
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
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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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