Amit Rai @ Amit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8292 of 2026 Arising Out of PS. Case No.-1047 Year-2025 Thana- NAGAR District- Vaishali ====================================================== Amit Rai @ Amit Kumar son of Sri Yogendra Rai @ Jogendra Rai R/o - Konhara Ghat hela Bazar, Hazipur, P.S - Town Thana Vaishali, District - Vaishali At Hazipur ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Department of Mines and Minerals through its commissioner, Bihar, Patna bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rakesh Kumar Singh, Advocate For the State :

Mr. Dr. Ajeet Kumar, APP For the Mines Department :

Mr. Naresh Dikshit, Spl. P.P. Mines Ms. Shruti Singh, Advocate Mr. Utkarsh Pathak, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 01-04-2026 Heard learned counsel for the petitioner, learned counsel for the State and learned counsel for the Department of Mines and Minerals.

2. The petitioner is apprehending arrest in connection with Vaishali Town P.S. Case No. 1047 of 2025, dated 29.08.2025, lodged under Sections 303(2) and 317(2) of the Bharatiya Nyaya Sanhita, 2023 (hereinafter referred to as "BNS, 2023"), and under Section 56 of the Bihar Mining Rules, 2019, pending before the Court of the D.A.S.J.-VII, Vaishali at Hajipur.

Patna High Court CR. MISC. No.8292 of 2026(3) dt.01-04-2026 2/3

3. As per the prosecution, FIR has been lodged against four named accused persons including the present petitioner alleging that on 27.08.2025 at about 11:30 AM, the police conducted a raid near the river bank at Harivanshpur on the basis of secret information regarding illegal mining and storage of sand. During the raid, a loader was seen loading sand onto a tractor, but the persons involved fled from the spot taking advantage of the flooded road.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel further submits that the antecedents of the petitioner are clean. Counsel further submits that the petitioner is not the owner of the land.

5. Learned counsel for the Department of Mines and Minerals opposes the prayer for bail of the petitioner and submits that it has come to light that the petitioner is the person who has taken the land on lease, and on the said land, illegal sand was found.

6. In the present facts and circumstances, and particularly on the ground that the petitioner has taken the land on lease and illegal sand was recovered from his land, this Court is not inclined to grant anticipatory bail to the petitioner.

Patna High Court CR. MISC. No.8292 of 2026(3) dt.01-04-2026 3/3 Accordingly, the prayer for anticipatory bail of the petitioner is hereby rejected.

7. It is directed to the petitioner to surrender before the Trial Court within a period of six weeks from today. In case the petitioner surrenders within the said period and is ready to pay the loss caused to the department by him, the Trial Court is directed to pass order on his surrender-cum-bail application on the same day, without being prejudiced by the fact that the anticipatory bail of the petitioner has been rejected by this Court, and the Trial Court shall pass orders on the merits of the case.

(Dr. Anshuman, J.) Aman Kumar/- U T