Patna High Court
Bikash KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted anticipatory bail to the petitioners, subject to conditions under Section 482(2) of the Bharatiya Nyaya Sanhita.
Summary
The petitioners, Bikash Kumar and Santosh Kumar, applied for anticipatory bail fearing arrest in a case registered under Sections 303(2), 317(2) and 111 of the Bharatiya Nyaya Sanhita for alleged illegal mining. They contended that they were not named in the FIR, the seized tractors did not belong to them and had already been released, and that the stone chips recovered were later stolen in a separate FIR filed after the present one. They relied on a prior order granting anticipatory bail to Udesh Kumar in Cr. Misc. No.66710 of 2025, seeking similar relief. The State opposed the bail. The Court, after considering the submissions and the earlier order, granted anticipatory bail to the petitioners subject to a bail bond of Rs.10,000 with two sureties and compliance with conditions under Section 482(2) of the BNS.
Issues considered
- Whether the petitioners can be granted anticipatory bail under the Bharatiya Nyaya Sanhita in view of the FIR and the alleged offences.
- Whether the FIR under Section 111 BNS makes out a case against the petitioners.
- Whether the earlier anticipatory bail order in Cr. Misc. No.66710 of 2025 is determinative for the present petition.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 111, 303(2), 317(2), 482(2)
Subjects
- anticipatory bail
- illegal mining
- Bharatiya Nyaya Sanhita
- Section 111
- Section 482
- criminal procedure
- FIR
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87606 of 2025
Arising Out of PS. Case No.-38 Year-2025 Thana- RAJAOLI District- Nawada
======================================================
1. Bikash Kumar S/O Suresh Prasad Resident of Village- Chautha, P.S.-
Rajouli, District- Nawada,
2. Santosh Kumar S/O Sarju Prasad @ Sarju Yadav Resident of Village-
Chautha, P.S.- Rajouli, District- Nawada,
... ... Petitioner/s
Versus
The State of Bihar Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Man Mohan Kumar
For the Opposite Party/s : Mr.Sanjay Kumar Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 09-01-2026 1. Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case
registered for the offences punishable under Sections 303(2),
317(2), 111 of the Bharatiya Nyaya Sanhita.
3. Learned counsel appearing on behalf of the
petitioners submits that petitioners have antecedent of one case,
but then the said case was instituted after institution of the
instant FIR. It is next submitted that in sum and substance, the
informant alleges that 3500 cft of stone chips along with 7
tractors were recovered from the place of occurrence,
accordingly, the instant FIR was instituted alleging that accused
Patna High Court CR. MISC. No.87606 of 2025(2) dt.09-01-2026
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were involved in illegal mining.
4. Learned counsel for the petitioner submits that
petitioners are not named in the FIR nor the tractors which were
seized from the place of occurrence belongs to them. It is further
submitted that the seized tractors have already been released by
the police in favour of their owner. It is next submitted that the
seized stone chips were subsequently stolen for which Rajauli
P.S. Case No.41/2025 was instituted, in which the petitioners
were also named as accused but then the said FIR was instituted
after institution of the instant FIR. It is also submitted no doubt
the FIR was instituted under Section 111 BNS, but then in the
nature of allegation as alleged in the FIR no offence under
Section 111 BNS against the petitioners is not made out. It is
further submitted that Udesh Kumar had approached this Court
seeking anticipatory by filing Cr. Misc No. 66710 of 2025 and
the same was allowed by an order dated 1-11-2025, as such
based on parity, petitioners seek anticipatory bail.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioners.
6. Considering the submissions made by the learned
counsel for the petitioners and taking in consideration the order
dated 1-11-2025 in Cr. Misc No. 66710 of 2025, the petitioners
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above-named, in the event of their arrest or surrender before the
learned trial court within a period of six weeks from today, be
released on anticipatory bail on furnishing bail bonds of Rs.
10,000/- (Rupees Ten Thousand) each with two sureties of the
like amount each to the satisfaction of the learned trial court
where the case is pending/successor court in connection with
Rajouli P.S. Case No.38/2025, subject to the conditions as laid down
under Section 482 (2) of the BNSS.
(Satyavrat Verma, J)
Sumit/-
U T
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