Patna High Court
Suggi DeviversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PURNENDU SINGH
Holding
The Court held that the petitioners must first compound the offence by depositing the required fee and penalty and obtaining a certificate before they are eligible for pre‑arrest bail.
Summary
The petitioners, Suggi Devi and Shankar Yadav, family members of the owner of a seized truck, were implicated in an FIR alleging illegal mining under multiple sections of the Bharatiya Nyaya Sanhita, 2023. They applied for pre‑arrest bail, contending that the offence is compoundable under Section 56(2) of the Bihar Minerals (Concession, Prevention of Illegal Mining Transportation and Storage) Amendment Rules. The State opposed the bail. The Court held that the petitioners must first deposit the compounding fee and any penalty with the District Mining Officer and obtain a certificate confirming compounding before bail can be granted. Upon receipt of the certificate, they may be released on pre‑arrest bail on furnishing a bail bond of Rs.10,000 with two sureties, subject to conditions of Section 438(2) Cr.P.C. and Section 482 BNS. The application was consequently disposed of.
Issues considered
- Whether the alleged illegal mining offence is compoundable under Section 56(2) of the Bihar Minerals (Concession, Prevention of Illegal Mining Transportation and Storage) Amendment Rules
- Whether pre‑arrest bail can be granted pending the compounding of the offence
Legislation cited
- Bharatiya Nyaya Sanhita (BNS), 2023 — s. 109, 115(2), 125(a), 125(b), 126(2), 132, 281, 303(2), 317(2), 324(4), 3(5), 482
- Criminal Procedure Code (Cr.P.C.) — s. 438(2)
Subjects
- illegal mining
- pre‑arrest bail
- compounding of offence
- Bihar Minerals Rules
- criminal procedure
- Section 438 Cr.P.C.
- Section 56(2) Bihar Minerals Rules
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89302 of 2025
Arising Out of PS. Case No.-75 Year-2025 Thana- GRIYAK District- Nalanda
======================================================
1. Suggi Devi Wife of Late Shivcharan Yadav R/o - Khemji Bigha, P.S -
Shilaw, District - Nalanda
2. Shankar Yadav Son of Late Shivcharan Yadav R/o - Khemji Bigha, P.S -
Shilaw, District - Nalanda
... ... Petitioner/s
Versus
1. The State of Bihar
2. The Principal Secretary of Mines and Minerals Dept. Govt. of Bihar, Patna
Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pankaj Kumar, Advocate
For the Opposite Party/s : Mr. Narsingh Tanti, APP
For the O.P. No.2 : Mr. Naresh Dikshit, SPP
Ms. Shristi Singh, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
2 28-01-2026 Heard Mr. Pankaj Kumar, learned counsel
appearing on behalf of the petitioners; Mr. Narsingh Tanti,
learned APP appearing on behalf of the State and Mr. Naresh
Dikshit, learned SPP along with Ms. Shristi Singh, learned
counsel appearing on behalf of the O.P. No.2.
2. The petitioners apprehend their arrest in connection
with Giryak P.S. Case No. 75/2025 registered under Sections
126(2),115(2),281,125(a),125(b),132,109,324(4),303(2),317(2),
3(5) of the Bharatiya Nyaya Sanhita (BNS), 2023.
3. As per the allegation made in the FIR, a raid was
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conducted by the Mining Inspector on the information received
of illegal mining near Panchane river and five tractors were
seized during the raid and the petitioners are family members of
the owner of one of the seized trucks bearing Reg. No.
BR27E8098.
4. Learned counsel appearing on behalf of the
petitioners submitted that offence is compoundable under
Section 56(2) of the Bihar Minerals (Concession, Prevention of
Illegal Mining Transportation and Storage) Amendment Rules
and seeks to deposit the amount of compensation in accordance
with the provision of the said Section.
5. Learned APP for the State vehemently opposed the
prayer for grant of pre-arrest bail.
6. Having considered the rival submissions made on
behalf of parties, as well as, the provision of Section 56(2) of
the Bihar Minerals (Concession, Prevention of Illegal Mining
Transportation and Storage) Amendment Rules, the petitioners
are directed to submit the compounding fee, as well as, the
amount of penalty, if any, before the District Mining Officer.
The District Mining Officer, after being satisfied, is directed to
issue certificate to the extent that the offence has been
compounded after the petitioners have deposited the required
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amount of penalty. The above exercise is required to be carried
out within a period of four weeks from the date of passing of the
this order. The District Mining Officer or competent authority-
cum-District Magistrate must not delay to act upon before the
expiry of four weeks.
7. In case, the petitioners are able to file the
certificate, duly granted by the competent authority, the
petitioners, above named, are directed to be released on pre-
arrest bail, in the event of their arrest or surrender before the
Court below within a period of eight weeks from today, on
furnishing bail bond of Rs. 10,000/- (Rupees 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 Giryak P.S. Case No. 75/2025, subject to the conditions as
laid down under Section 438(2) of the Cr.P.C./ 482 of the BNSS.
8. With the aforesaid observation/direction, the
application stands disposed of.
(Purnendu Singh, J)
Ashishsingh/-
U T
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