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Patna High Court

Dheeraj KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court held that the offence is compoundable under Section 56(2) of the Bihar Mineral Rules and directed that, upon payment of the compounding fee and penalty, the petitioners be released on pre‑arrest bail subject to the stipulated conditions.

Summary

The petitioners, three residents of Gaya district, were arrested in connection with an FIR alleging illegal sand mining, for which a truck loaded with sand was seized. They were charged under Sections 303(2), 317(2) and 3(5) of the Bihar Non‑Statutory Act, Section 21 of the Mines and Minerals (Development and Regulation) Act, 1957 and Section 56 of the Bihar Mineral (Concession Prevention of Illegal Mining, Transportation and Storage) Rules, 2019. The petitioners contended that the offence is compoundable under Section 56(2) of the Rules and offered to pay the prescribed compounding fee and any penalty. The High Court, after considering the submissions, directed the petitioners to deposit the compounding fee and penalty before the District Mining Officer, who must issue a certificate of compounding within three weeks. Upon receipt of the certificate, the petitioners were ordered to be released on pre‑arrest bail, subject to surrender before the District Court within two weeks, failing which the protection would lapse. The bail application was consequently disposed of with conditional bail granted.

Issues considered

  • Whether the offences alleged under the Bihar Non‑Statutory Act, the Mines and Minerals Act and the Bihar Mineral Rules are compoundable under Section 56(2) of the Bihar Mineral (Concession Prevention of Illegal Mining, Transportation and Storage) Amendment Rules, 2019.
  • Whether pre‑arrest bail can be granted pending the compounding of the offence.
  • Whether the petitioners must deposit the compounding fee and any penalty before bail can be released.

Legislation cited

Subjects

  • pre‑arrest bail
  • compounding of offence
  • illegal sand mining
  • Mines and Minerals Act
  • Bihar Mineral Rules
  • criminal procedure
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.9203 of 2026
                         Arising Out of PS. Case No.-39 Year-2025 Thana- PARAIYA District- Gaya
                 ======================================================
           1.     Dheeraj Kumar Son of Ram swaroop Yadav
           2.    Raju Kumar Son of Krishna Yadav
                 Both are Resident of Village- Kamal Bigha, Ps- Konch, Dist- Gaya
           3.    Nitish Kumar son of Ramjanam Yadav Resident of Village-Dharampur, Ps-
                 Konch, Dist- Gaya

                                                                                   ... ... Petitioner/s
                                                        Versus
           1.    The State of Bihar
           2.    Principal Secretary, Dept. of Mines and Mierals, Bihar, Patna Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Mrigendra Kumar, Advocate
                 For the Opposite Party/s :        Mr.Nand Kishore Prasad, APP
                 For O.P. No.2            :        Mr. Naresh Dikshit, Spl. P.P. Mines
                                                   Ms. Shruti Singh, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                       ORAL ORDER

4   12-05-2026                     Heard learned counsel appearing on behalf of the

                   petitioner; learned APP for the State and learned counsel for

                   O.P. No.2.

                                 2. The petitioners seek pre-arrest bail in connection

                   with Paraiya P.S. Case No. 39/2025 registered for the offence(s)

                   punishable under Sections 303(2), 317(2) and 3(5) of the BNS

                   and Section 21 of the Mines and Minerals (Development and

                   Regulation) Act, 1957 and Section 56 of the Bihar Mineral

                   (Concession Prevention of Illegal Mining, Transportation and

                   Storage) Rules, 2019.
Patna High Court CR. MISC. No.9203 of 2026(4) dt.12-05-2026
                                            2/3




                       3. As per the allegation made in the FIR, one truck

          were seized loaded with sand.

                       4. Learned counsel appearing on behalf of the

          petitioners submitted that offence is compoundable under

          Section 56(2) of the Bihar Minerals (Concession, Prevention of

          Illegal Mining Transportation and Storage) Amendment Rules

          and petitioners seek to deposit the amount of compensation in

          accordance with the provision of the said Section.

                       5. Learned APP for the State vehemently opposed the

          prayer for grant of pre-arrest bail.

                       6. Having heard the rival submissions made on behalf

          of parties, as well as, the provision of Section 56(2) of the

          Bihar Minerals (Concession, Prevention of Illegal Mining

          Transportation and Storage) Amendment Rules, the petitioners

          are directed to submit the compounding fee, as well as, the

          amount of penalty, if any, before the District Mining Officer

          concerned. The District Mining Officer, after being satisfied, is

          directed to issue certificate to the extent that the offence has

          been compounded after the petitioners have deposited the

          required amount of penalty. The above exercise is required to be

          carried out within a period of three weeks from the date of

          passing of the this order. The District Mining Officer or
           Patna High Court CR. MISC. No.9203 of 2026(4) dt.12-05-2026
                                                       3/3




                     competent authority-cum-District Magistrate must not delay to

                     act upon on or before the expiry of three weeks and

                     communicate the same to the learned District Court within the

                     said period. During the time taken in process, no coercive

                     action is required against the petitioners.

                                  7. Thereafter,       the     petitioners, above named, are

                     directed to be released on pre-arrest bail, on such terms and

                     conditions, as the learned District Court deems it fit and proper,

                     provided they surrender before the learned District Court

                     within a further period of two weeks thereafter or the

                     interim protection granted to them shall lose its force.

                                  8. The bail application stands disposed of.



                                               (Purnendu Singh, J)
Sanjay/-

U      T


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