Patna High Court

Ranjan KumarversusThe State of Bihar

Decided: 20 January 2026
Disposal: BAIL GRANTED
Bench: PRABHAT KUMAR SINGH

Holding

The Court held that bail should be granted to the petitioner.

Summary

The petitioner, Ranjan Kumar, was arrested in connection with an FIR alleging illegal storage and transportation of sand under sections 303(2) and 317(2) of the Bihar Nagarik Suraksha (BNS) Act and sections 56(1) and 56(2) of the Bihar Mineral Concession Prevention of Illegal Mining, Transportation and Storage Amendment Rule, 2024. He contended that he is neither the owner nor the driver of the seized vehicle, that no incriminating material was found in his possession, and that the FIR does not identify the land used for storage as his. The State opposed the bail petition, arguing the seriousness of the offences. The Court noted the petitioner’s clean antecedent, lack of direct involvement, and the absence of any incriminating article. Accordingly, the Court granted bail on a bond of Rs.10,000 with two sureties, subject to the conditions of Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Issues considered

Whether the petitioner is entitled to bail despite allegations under sections 303(2) and 317(2) of BNS and sections 56(1) and 56(2) of the Bihar Mineral Concession Rule.
Whether the petitioner’s lack of ownership or control over the seized vehicle and clean antecedent justify bail.
Whether Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, permits the grant of bail in this case.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)

Subjects

bail
illegal mining
sand storage
criminal procedure
Section 482
clean antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.91771 of 2025
                   Arising Out of PS. Case No.-349 Year-2025 Thana- UDWANTNAGAR District- Bhojpur
                 ======================================================
                 Ranjan Kumar Son of Basawan Singh Resident of Bhelai Milki, P.S.-
                 Udawntnagar, District- Bhojpur

                                                                                ... ... Petitioner/s
                                                      Versus
           1.    The State of Bihar
           2.    District Mining Officer, Bhojpur at Ara Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Shiv Prasad Gupta, Advocate
                 For the Opposite Party/s :      Mr. Ahmad Ali , APP
                 For Dept. of Mines       :      Mr. Naresh Dikshit , Spl. PP
                                                 Mr. Utrav Anand , Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   20-01-2026                         Heard learned counsel for the petitioner and the

                   State .

                                2. Petitioner apprehends his arrest in a case registered

                   for the offence punishable under sections 303 ( 2 ) and 317 ( 2 )

                   of BNS and section 56 (1) and 56 ( 2 ) of Bihar Mineral

                   Concession Prevention of illegal mining Transportation and

                   storage Amendment Rule 2024 .

                                3 . The prosecution case , in brief, is that petitioner is

                   alleged to be indulged in illegal storage of sand and its

                   transportation .

                                4. It is submitted on behalf of the petitioners that

                   petitioner is innocent and has committed no offence as alleged.
            Patna High Court CR. MISC. No.91771 of 2025(2) dt.20-01-2026
                                                        2/2




                      The petitioner is neither the owner nor the driver of the seized

                      vehicle and also in the entire F.I.R. it is not mentioned that the

                      details of the land, which is used for storage of sand, belong to

                      this petitioner. No incriminating article has been recovered from

                      possession of the petitioner, and he has no concern with the

                      alleged occurrence . Petitioner claims clean antecedent.

                                   5 . Learned counsel for the State opposed the bail

                      petition .

                                   6 Considering the aforesaid facts, clean antecedent of

                      the petitioner and other circumstances of the case , in the event

                      of arrest or surrender within eight weeks from today, let the

                      petitioner, as named above, be enlarged on bail on furnishing

                      bail bond of Rs.10,000/-(ten thousand) with two sureties of the

                      like amount each to the satisfaction of the learned Chief Judicial

                      Magistrate Bhojpur at Ara in connection with Udawantnagar

                      P.S. Case No. 349 of 2025 , subject to the conditions laid down

                      under section 482(2) of the                 Bharatiya Nagarik Suraksha

                      Sanhita , 2023 .



                                            (Prabhat Kumar Singh, J)
Koushik/-

U      T

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