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Patna High Court

Kailu Singh @ Gulshan @ Gulshan KumarversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

The Court denied anticipatory bail to the petitioner.

Summary

The petitioner, Kailu Singh, sought anticipatory bail after an FIR was lodged alleging illegal mining of sand using a tractor without registration and an expired challan, violating Sections 132 and 3(5) of the Bharatiya Nyaya Sanhita and Section 56 of the Bihar Minerals Rules, 2019. During a surprise inspection, the tractor was intercepted, the driver and owner resisted, fled, and a mobile phone was seized, leading to allegations of loss of government revenue. The petitioner contended that he had no connection with the seized phone, that his tractor was not seized at the spot, and highlighted that he had been acquitted in six of fifteen prior cases, leaving nine pending cases. The opposing party argued that the tractor escaped without seizure, lacked registration, and the challan was expired, and noted four prior similar cases against the petitioner. Considering the seriousness of the allegations and the petitioner’s criminal antecedents, the Court declined to grant anticipatory bail, rejecting the petition.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under the Bharatiya Nyaya Sanhita and Bihar Minerals Rules in view of the alleged illegal mining offence and his prior criminal antecedents.

Legislation cited

Subjects

  • anticipatory bail
  • illegal mining
  • criminal antecedents
  • Bharatiya Nyaya Sanhita
  • Bihar Minerals Rules
  • FIR
  • seizure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.8941 of 2026
                     Arising Out of PS. Case No.-101 Year-2025 Thana- SHEIKHOPUR SARAI District-
                                                       Sheikhpura
                 ======================================================
                 Kailu Singh @ Gulshan @ Gulshan Kumar, S/O Geeta Prasad Singh @ Lato
                 Singh @ Geeta Singh, Resident Of Village- Maharath, P.S.- Shahpur, District-
                 Nawada

                                                                                 ... ... Petitioner/s
                                                       Versus
           1.    The State of Bihar
           2.    The Mining Dept. Officer, Sheikhpura Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :       Mr. Sheo Nandan Prasad, Advocate
                 For the State           :       Mr. Ajay Kumar Jha, APP
                 For the O.P. No.2       :       Mr. Naresh Dikshit, Spl. P.P. Mines
                                                 Ms. Shruti Singh, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH
                                       ORAL ORDER

2   24-02-2026                      Heard learned counsel for the Petitioner, learned

                   counsel for the O.P. No.2 and learned APP for the State.

                                 2. The petitioner apprehends his arrest in connection

                   with Sheikhopur Sarai P.S. Case No. 101 of 2025 dated

                   24.07.2025 registered for the offences punishable under

                   Sections 132 and 3(5) of the Bharatiya Nyaya Sanhita and

                   Section 56 of the Bihar Minerals (Concession, Prevention of

                   Illegal Mining, Transportation and Storage) Rules, 2019.

                                 3. As per the prosecution story, the informant, Neha

                   Kumari,       Mining      Inspector,     Sheikhpura,       states    that       on

                   24.07.2025 at about 2:00 P.M., during a surprise inspection
Patna High Court CR. MISC. No.8941 of 2026(2) dt.24-02-2026
                                            2/3




          against illegal mining near Sheikhopur Sarai Block, a red-

          coloured tractor loaded with sand was intercepted, which had

          not displayed registration number and was carrying sand on the

          basis of an expired challan dated 23.07.2025. When the driver

          was directed to take the vehicle to the weighbridge for

          verification, the vehicle owner and driver, in collusion with each

          other, scuffled with the Home Guards and fled away with the

          tractor, during which the driver’s blue-coloured Redmi mobile

          phone was seized. The tractor was carrying approximately 110

          cft of sand without a valid challan, thereby causing loss to

          Government revenue.

                       4. Mr. Sheo Nandan Prasad, learned counsel

          appearing for the petitioner submits that the petitioner has no

          concern with the alleged mobile phone which is said to have

          been recovered from the alleged place, though he is owner of

          the alleged tractor and was also driving the same on the alleged

          day but the petitioner’s tractor was not seized from the alleged

          place, which is undisputed and in this regard, specific statement

          has been made in paragraph no. 11 of the petition. It is lastly

          submitted that though against the petitioner there were 15 cases

          but he has been acquitted in six of them, so, presently against

          him there are criminal antecedents of nine cases.
           Patna High Court CR. MISC. No.8941 of 2026(2) dt.24-02-2026
                                                       3/3




                                5. On the other hand, Ms. Shruti Singh, learned counsel

                     appearing for the O.P. No. 2, submits that petitioner’s tractor

                     could not be seized at the spot as he managed to escape when

                     his tractor was being taken for weighing the loaded sand but at

                     that time, there was no registration on the tractor’s engine and

                     the copy of the challan which was produced by the petitioner at

                     the time of intercepting his tractor was found to be expired and

                     the same was not valid at that time. It is lastly submitted that the

                     petitioner has remained accused in four cases of the similar

                     nature though there are some other cases also pending against

                     him.

                                  6. Considering the seriousness of the allegation

                     appearing against this petitioner from the FIR as pointed out by

                     learned counsel appearing for the O.P. No.2 and further taking

                     note of the petitioner’s nine criminal antecedents, this Court is

                     not inclined to grant the relief of anticipatory bail to the

                     petitioner. Accordingly, his prayer stands rejected.




                                               (Shailendra Singh, J)
maynaz/-

U     T


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