Anticipatory bail granted based on clean antecedents and financial undertaking despite allegations of illegal activities.

CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER

4 02-02-2026 Heard learned counsel appearing on behalf of the petitioner and learned APP appearing for the State.

2. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 303(2), 317(2) and 3(5) of the B.N.S. , Sections 4 and 21 of the M.M.D.R. Act and Section 56(ii) of the Bihar Minerals (Concession, prevention of illegal mining, transportation and storage) Rule.

3. The prosecution case, in brief, is that this petitioner, who happens to be owner of the seized tractor bearing Chassis No. EZ1SG454834SM and Engine No. 3100FL83G746910F3, along with other accused persons, is involved in illegal excavation, storage and transportation of sand.

4. It is submitted by learned counsel appearing on behalf of the petitioner that petitioner is quite innocent and has committed no offence. However, at this stage, without admitting his guilt, petitioner undertakes to deposit the revenue loss caused amounting to Rs. 5,000/- (Rupees five thousand).

Petitioner claims clean antecedents.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioner.

6. Considering the nature of accusation, clean antecedents of the petitioner and aforesaid undertaking of the petitioner, prayer for grant of anticipatory bail to the petitioner is allowed.

7. Accordingly, in the event of arrest/surrender within a period of eight weeks from today, let the above named petitioner 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 learned Chief Judicial Magistrate, Munger in connection with Harpur P.S. Case No. 125 of 2025, subject to conditions as laid down under Section 482(2) of the B.N.S. S., along with the following terms and conditions:

A. Petitioner shall pay the alleged revenue loss amounting to Rs. 5,000/- (Rupees five thousand) through demand draft in the Office of the Mines Inspector, District Mining Office, Munger.

B. A receipt of the payment shall be furnished at the time of furnishing bail bond.

C. If petitioner fails to comply the aforesaid direction of this Court, the Court below is free to cancel the bail-bond of the petitioner.

8. It is made clear that without going into the merit of the case, the aforesaid order has been passed only for the purpose of grant of bail.