Patna High Court
Santosh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANIL KUMAR SINHA
Holding
The court held that no prima facie material linked the petitioner to the offence, and therefore anticipatory bail was granted.
Summary
The petitioner, Santosh Kumar, applied for anticipatory bail in a case registered under Sections 379, 411 and 120(B) of the IPC, Section 21 of the M.M. (D.R.) Act and Section 56 of the B.M. (C.P.I.M.T. & S) Rules, alleging theft of sand. The FIR named him based solely on the statement of a local chaukidar, but he was neither the owner nor the driver of the tractor involved and no material was recovered from his possession. The Mines Department highlighted a prior similar offence, but the court found no prima facie material linking the petitioner to the present crime beyond the chaukidar’s allegation. Consequently, the court granted anticipatory bail, directing the petitioner to furnish a bail bond of Rs.10,000 with two sureties and to surrender within four weeks, subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.
Issues considered
- Whether the petitioner’s mere identification by a chaukidar constitutes sufficient prima facie evidence to deny anticipatory bail.
- Whether the prior criminal antecedent of the petitioner is relevant to the grant of anticipatory bail in the present case.
- Whether Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita can be invoked to impose conditions on anticipatory bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- B.M. (C.P.I.M.T. & S) Rules — s. 56
- Indian Penal Code — s. 120B, 379, 411
- M.M.D.R. Act — s. 21
Subjects
- anticipatory bail
- theft of sand
- prima facie evidence
- criminal procedure
- Section 482
- Indian Penal Code
- mining law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90810 of 2025
Arising Out of PS. Case No.-408 Year-2023 Thana- PARAIYA District- Gaya
======================================================
Santosh Kumar Son of Surendra Yadav @ Surendra Kumar Resident of
Village - Bishunpur, Police Station - Paraiya, District - Gaya.
... ... Petitioner/s
Versus
1. The State of Bihar
2. The District Mines Officer, Gaya. Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Manish Kumar No. 2
Mr. Aryan Singh
For the Mines : Mr. Naresh Dikshit
Ms. Kalpna
For the State : Mr. Md. Mushtaque Alam
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
4 06-05-2026 Heard learned Counsel for the parties concerned.
2. This application, for grant of anticipatory bail,
arises out of Paraiya Police Station Case No. 408 of 2023,
registered for the offences punishable under Sections 379, 411
and 120(B) of the Indian Penal Code and Section 21 of M.M.
(D.R.) Act and Section 56 B.M. (C.P.I.M.T. & S) Rules.
3. As per the First Information Report, the name of the
petitioner has been disclosed by the local Chaukidar, stating that
the petitioner, along with others, used to be indulged in theft of
sand.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has been falsely implicated in this
Patna High Court CR. MISC. No.90810 of 2025(4) dt.06-05-2026
2/3
case due to oblique reasons. He further submits that the name of
the petitioner has been disclosed by the local Chaukidar. The
petitioner is neither the owner nor the driver of the tractor.
Nothing has been recovered from the conscious physical
possession of the petitioner.
5. Learned counsel for the Mines Department submits
that the petitioner has one criminal antecedent of similar nature
of offence and the name of the petitioner has been disclosed by
the Chaukidar.
6. Regards being had to the submissions made on
behalf of the parties taking into consideration the fact that the
petitioner is neither the owner nor the driver of the tractor, and
his name has been disclosed by the Chaukidar, no prima facie
material has been brought on record to establish the petitioner’s
connection with the present offence, except his name disclosed
by Chaukidar, I am inclined to grant the petitioner privilege of
anticipatory bail.
7. This application is, accordingly, allowed.
8. Let the petitioner, above named, in the event of his
arrest or surrender before the Court below within four weeks, be
released on bail on furnishing bail bond of Rs. 10,000/- (Ten
Thousand) with two sureties of the like amount each to the
Patna High Court CR. MISC. No.90810 of 2025(4) dt.06-05-2026
3/3
satisfaction of learned Judicial Magistrate-1st Class, Gaya, in
connection with Paraiya Police Station Case No. 408 of 2023,
subject to the condition laid down under Section 482 (2) of the
Bharatiya Nagarik Suraksha Sanhita.
(Anil Kumar Sinha, J)
Siwani/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.