Patna High Court
Ram Auotar Singh @ Ram Auotar KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- HARISH KUMAR
Holding
The court granted pre‑arrest bail to the petitioner subject to a cash bond, two sureties and a family member as bailor.
Summary
The petitioner, Ram Auotar Singh, is the owner of a tractor that was seized during a raid for allegedly transporting 100 cubic feet of sand illegally. The driver presented a valid challan receipt, and the petitioner argued that he is being implicated solely because he owns the tractor. He offered to cooperate with the investigation and pay any admissible fine, emphasizing his clean criminal record. The State and the Department of Mines opposed his pre‑arrest bail, contending that the tractor was used for illegal sand transport and that no fine had been paid. Considering the petitioner’s willingness to cooperate, his antecedents, and the circumstances of the seizure, the court granted pre‑arrest bail subject to a bond of Rs.10,000 with two sureties and a family member as a bailor, under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023.
Issues considered
- Whether the owner of a vehicle used in illegal sand transportation can be granted pre‑arrest bail.
- Whether the petitioner is liable for the alleged offences under Sections 303(2) and 317(2) of the Bharatiya Nyaya Sanhita and Sections 4 and 21 of the Mines and Minerals (Development and Regulation) Act.
- Whether the conditions imposed under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita are appropriate for granting bail.
Legislation cited
- Bharatiya Nagrik Suraksha Sanhita, 2023 — s. 482(2)
- Bharatiya Nyaya Sanhita, 2023 — s. 303(2), 317(2)
- Mines and Minerals (Development and Regulation) Act, 1957 — s. 21, 4
Subjects
- pre‑arrest bail
- illegal sand mining
- vehicle ownership
- criminal procedure
- mining law
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90733 of 2025
Arising Out of PS. Case No.-567 Year-2025 Thana- DAUDNAGAR District- Aurangabad
======================================================
Ram Auotar Singh @ Ram Auotar Kumar S/o Ashok Mahto R/o vill- Itwa,
P.S.- Haspura, Distt.- Aurangabad, Bihar
... ... Petitioner/s
Versus
1. The State of Bihar
2. The Department of Mines and Minerals, Govt. of Bihar, Patna through
Kumar Pratyush, Mines Inspector
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Aman Vishal, Adv.
For the Opposite Party/s : Mr. Satyendra Prasad, APP
For the Dept. of Mines : Mr. Naresh Dixit, Adv.
Mrs. Kalpana, Adv.
======================================================
CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
2 15-01-2026 Heard the learned Advocate for the petitioner, learned
Advocate for the Department of Mines and Minerals and the
learned Additional Public Prosecutor for the State.
2. The petitioner apprehends his arrest in connection
with Daudnagar P.S. Case No. 567 of 2025, registered for the
offences punishable under Sections 303(2) and 317(2) of the
Bharatiya Nyaya Sanhita, 2023 and Sections 4 and 21 of the
Mines and Minerals (Development and Regulation) Act, 1957.
3. The petitioner is said to be owner of the tractor, in
question, which was found indulge in illegal transportation of
sand. On raid, the driver of the tractor, in question, was
apprehended with 100 cft sand laden in the tractor, which led to
Patna High Court CR. MISC. No.90733 of 2025(2) dt.15-01-2026
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institution of the FIR.
4. Learned Advocate for the petitioner submitted that
only on account of the petitioner being owner of the tractor, in
question, his name has been implicated in this case. In course of
raid, the driver of the tractor has furnished valid challan receipt.
Moreover, it is the case of the prosecution that the illegal sand
was being excavated by co-accused Sunil Mukhiya, but
surprisingly, the excavated vehicles used for illegal loading of
sand has not been seized and only the tractor, in question, which
was laden with 100 cft sand was seized by the Mining Officer.
The petitioner is ready and willing to co-operate with the
proceeding and deposit the fine, if found admissible. It is further
contended that prior to the alleged occurrence, the petitioner has
never been made accused in any of the criminal case, much less
with respect to the illegal transportation of sand.
5. On the other hand, learned Advocate for the State
as well as the Department of Mines opposed the pre-arrest bail
application and submits that the tractor of the petitioner has
been found indulge in transportation of illegal sand and, till
date, the petitioner has not paid the fine, as has been assessed by
the Mining Department.
6. Regard being had to the submissions made on
Patna High Court CR. MISC. No.90733 of 2025(2) dt.15-01-2026
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behalf of the parties and considering the fact that the petitioner
is the owner of the tractor, in question, and he is ready and
willing to co-operate in the proceeding and deposit the
admissible fine for release of his tractor, besides his fair
antecedent, let the petitioner above named be released on bail, in
the event of his arrest or surrender before the court below within
a period of four weeks from the date of receipt/production of a
copy of this order, upon furnishing bail bonds of Rs.10,000/-
(ten thousand) with two sureties of the like amount each to the
satisfaction of the learned Sub-Divisional Judicial Magistrate,
Daudnagar, Aurangabad in connection with Daudnagar P.S.
Case No. 567 of 2025, subject to the conditions laid down in
Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023
with the further condition that one of the bailors shall be the
own/close family members of the petitioner.
(Harish Kumar, J)
shivank/-
U T
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