Patna High Court
Ajay PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The Court granted bail to the petitioner, subject to a bond and conditions, under section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Summary
The petitioner, Ajay Paswan, sought bail after being implicated in a case alleging illegal sand mining, with accusations under IPC sections 379 and 411, the MMDR Act, BMCP and an illegal mining transportation and storage Act. He contended that he had no connection with the seized sand, that the informant’s basis for suspicion was undisclosed, and that he possessed a clean antecedent. The State opposed the bail application. The Court, noting the petitioner’s clean record, lack of direct evidence linking him to the sand, and the principle of bail under section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, ordered bail on a bond of Rs.10,000 with two sureties, subject to conditions. The bail order was conditioned on surrender within eight weeks and compliance with the learned CJM. The petition was therefore disposed in favour of the petitioner.
Issues considered
- Whether the petitioner is entitled to bail despite allegations of illegal sand mining under various statutes
- Whether the evidence presented establishes a prima facie case sufficient to deny bail
- Application of section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 in granting bail
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Indian Penal Code — s. 379, 411
- Mines and Minerals (Development and Regulation) Act — s. 04(I-A) 21
Subjects
- bail
- illegal sand mining
- IPC
- MMDR Act
- BMCP
- Bharatiya Nagarik Suraksha Sanhita
- clean antecedent
- suspicion
- arrest
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88506 of 2025
Arising Out of PS. Case No.-519 Year-2022 Thana- BARUN District- Aurangabad
======================================================
Ajay Paswan S/O Late Parma Paswan @ Parma Ram @ Verma Paswan R/O
Village- English, P.S.- Barun, Distt.- Aurangabad
... ... Petitioner/s
Versus
1. The State of Bihar Patna
2. The Deptt. Of Mines and Minerals, Govt. of Bihar, Patna through the Mines
Inspector Aurangabad.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ashok Singh, Advocate
For the Opposite Party/s : Mr. Madhura Nand Jha, APP
For Mines Department : Mr. Naresh Dikshit , spl. PP Mines
Ms. Shruti Singh, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 10-02-2026 Heard learned counsel for the petitioner and the
State .
2. Petitioner apprehends his arrest in a case registered
for the offence punishable under sections 379 and 411 of IPC
and section 04 (I-A) 21 MMDR Act & 11/18 of BMCP &
section 56 illegal Mining transportation and storage Act.
3 . As per F.I.R. during raid 3000 CFT of sand was
found stored on road side . It is further alleged that this
petitioner is involved in illegal mining of sand.
4. It is submitted on behalf of the petitioner that
petitioner is innocent and has committed no offence as alleged.
Only suspicion has been raised against him. Informant has not
Patna High Court CR. MISC. No.88506 of 2025(2) dt.10-02-2026
2/2
disclosed as to how he came to know about this petitioner that
he was involved in the alleged occurrence . Petitioner has
neither got any concern with the alleged seized sand nor it was
stored in the land of this petitioner. Petitioner claims clean
antecedent.
5 . Learned counsel for the State opposed the bail
petition .
6 Considering the aforesaid facts, clean antecedent of
the petitioner and other circumstances of the case , in the event
of arrest or surrender within eight weeks from today, let the
petitioner, as named above, be enlarged on bail on furnishing
bail bond of Rs.10,000/-(ten thousand) with two sureties of the
like amount each to the satisfaction of the learned CJM
Aurangabad in connection with Barun P.S. Case No. 519 of
2022 , subject to the conditions laid down under section 482(2)
of the Bharatiya Nagarik Suraksha Sanhita , 2023 .
(Prabhat Kumar Singh, J)
Koushik/-
U T
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