IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.8427 of 2026 Arising Out of PS. Case No.-191 Year-2024 Thana- KOILWAR District- Bhojpur ======================================================

1. Shaligram Singh @ Nepal Rai S/o- Late Sarwanand Singh Village-

Narayanpur PS-Koilwar District- Bhojpur

2. Santosh Kumar S/o- Late Sarwanand Singh Village- Narayanpur PS-Koilwar District- Bhojpur ... ... Petitioner/s Versus

1. The State of Bihar

2. Chandan Kumar Azad S/o- Binod Kumar Azad A/P- Posted as Mining Inspector of District Mines Office, Bhojpur ... ... Opposite Party/s ======================================================

Appearance :

For the Petitioner/s : Mr.Anil Kumar Singh, Adv.

For the Opposite Party/s : Mr.Binod Kumar, Adv For Mining Department : Ms. Shruti Singh, Adv.

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CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER

2 17-02-2026 Heard learned counsel for the petitioners and learned counsel for the State as well as learned counsel appearing for Mining Department.

2. The petitioners apprehend their arrest in connection with Koilwar P.S. Case No. 191 of 2024, registered for the offences punishable under Sections 379 and 411/34 of the Indian Penal Code and Sections 56(1), 56(2) of the BM(CPIMTS) Rules, 2021.

3. It is alleged that the petitioners are indulged in illegal mining of sand. The police, on a tip-off illegal mining, conducted raid and seized nine tractors, including the tractors in subject of which the petitioner no.1 is the driver while petitioner no. 2 is the owner.

4. Learned counsel for the petitioners contended that the narrations made in the FIR clearly reveals that there is no allegation of illegal mining against these petitioners. The only material available on record suggests that the tractors were seized with trolley from the house of these petitioners which were parked there and that too without knowledge of the petitioners. It is further submitted that only because of the fact that the petitioners are owner and driver of the said tractor, their names have been implicated in this case on suspicion. Irrespective of the aforesaid facts, the petitioners undertake that they are ready to deposit a fine of Rs.20,000/- in each cases before the concerned Mining Officer. Learned counsel for the petitioners lastly submits that similarly situated co-accused persons, namely, Rahul Kumar, Sanejar Ray vide Cr. Misc. No. 74806 of 2024, Vinod Kumar vide Cr. Misc. No. 80394 of 2024 and Guddu Rai @ Guddu Kumar vide Cr. Misc. No. 9057 of 2025 have already been granted anticipatory bail by co-ordinate Benches of this Court.

5. On the other hand, learned counsels representing the Mines as well as State opposed the bail application and submitted that the petitioners are involved in illegal mining and in course of raid, the tractors in question were seized.

6. Considering the submissions made on behalf of the parties and the nature of allegation and similarly situated persons as stated above have been granted anticipatory bail by the different Co-ordinate Benches of this Court and the undertaking of the petitioners that they are ready to deposit a fine of Rs 20,000/- in both the cases separately, let the petitioners above named be released on bail, in the event of their arrest or surrender before the court below within a period of six weeks, upon furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bhojpur at Ara in connection with Koilwar P.S. Case No. 191 of 2024, subject to the conditions laid down in Section 482(2) of the BNSS, with the further condition that one of the bailors shall be the own/close family members of the petitioners.

(Ajit Kumar, J)

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