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Patna High Court

Ram Auotar Singh @ Ram Auotar KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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
                                            2/3




          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
                                                        3/3




                      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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