Md. Fayjain Ansari @ Md Faijan Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8657 of 2026 Arising Out of PS. Case No.-209 Year-2025 Thana- RAFIGANJ District- Aurangabad ====================================================== Md. Fayjain Ansari @ Md Faijan Ansari S/O Asgar Ansari R/O VillageMahari, P.S- Rafiganj, Dist.- Aurangabad. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Mines and Geology Department, Aurangabad, Bihar through Mines Inspector Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Amish Kumar, Advocate For the Opposite Party/s :

Mr. Pranav Kumar, A.P.P.

For the O.P. No. 2 :

Mr. Naresh Dikshit, Ms. Shruti Singh, Advocates ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 21-04-2026 Heard learned counsel for the petitioner, opposite party no. 2 and the State.

2. Petitioner apprehends arrest in a case registered for the offences punishable under Section 303(2) of the Bharatiya Nyaya Sanhita, Sections 4(1)(A), 21 of the Mines and Minerals (Development and Regulation) Act, Section 15 of the Environmental Protection Act, Sections 11, 38, 56, 34, 18 of the Bihar Mineral (Prevention of Illegal Mining, Transportation and Storage) Rules.

3. It is alleged that this petitioner was operating brick kiln without depositing the consolidated mining royalty for the last 2-3 years.

Patna High Court CR. MISC. No.8657 of 2026(4) dt.21-04-2026 2/3

4. Learned counsel for the petitioner submits that recovery proceedings for earlier sessions are already pending against the petitioner. However, at this stage, without admitting his guilt, petitioner is ready to deposit Rs. 1 lac.

5. Considering the aforesaid contention made on behalf of the petitioner, this anticipatory bail is allowed and it is ordered that let the above named petitioner in the event of his arrest/surrender before the court below within a period of eight weeks from today, 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, Aurangabad in connection with Rafiganj P. S. Case No. 209 of 2025, subject to condition as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita with direction to the petitioner that :- (i) Petitioner shall deposit Rs. 50,000/- (fifty thousand) through Bank Draft in the office of Mineral Development Officer, Aurangabad and produce its receipt at the time of furnishing bail-bond and, rest amount i.e., Rs. 50,000/- (fifty thousand) shall be deposited in two equal installments of Rs. 25,000/- (twenty five thousand) each within a period of two months thereafter through Bank Draft in the office of Mineral

Patna High Court CR. MISC. No.8657 of 2026(4) dt.21-04-2026 3/3 Development Officer, Aurangabad, failing which, the learned court below would be at liberty to cancel the bail-bond.

6. It is made clear that without going into the merit of the case, this order has been passed for the purpose of bail and payment of aforesaid amount shall be subject to the final outcome of the case.

(Prabhat Kumar Singh, J) Navya/- U T