Patna High CourtCR. MISC./52379/2026bail granted

Saurabh Abhishek v. The State Of Bihar

2026-07-29Mr. Justice Dr. Anshuman3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52379 of 2026 Arising Out of PS. Case No.-76 Year-2026 Thana- YADOPUR District- Gopalganj ====================================================== Saurabh Abhishek, S/o Satish Kumar, R/o Mohalla- Mogalpura, Sixth Floor, P.S.- Patna City, Distt.- Patna, At present Mining Inspector, Gopalganj, P.S.- Gopalganj, Distt.- Gopalganj.

... ... Petitioner/s

Versus

The State of Bihar 2.

Anil Kumar, Incharge Mining Officer, Gopalganj. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rahul Kumar, Adv.

For the Opposite Party/s :

Mr. Pradeep Narain Kumar, APP For the Department of Mines :

Mr. Naresh Dikshit, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 29-07-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends arrest in connection with Yadopur PS Case No. 76 of 2026 lodged on 20.03.2026, for the offences punishable under Sections 198 and 217 of B.N.S. and Section 21 of Mines And Minerals (Development and Regulation) Act, 1957.

3. As per the prosecution, the allegation against the petitioner who is a Mining Inspector, Gopalganj, is that he is

Patna High Court CR. MISC. No.52379 of 2026(2) dt.29-07-2026 2/3 involved in illegal mining of sand.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Learned counsel further submits that the offences under Sections 198 and 217 of BNS are bailable whereas offence under Section 21 of the Mines And Minerals (Development and Regulation) Act, 1957, is not maintainable against the petitioner as he himself is a mining official.

5. Learned APP for the State as well as learned counsel appearing on behalf of the Department of Mines opposes the prayer for bail but fairly submits that only on the basis of suspicion, the present case has been filed against the petitioner.

6. In the facts and circumstances of the case and considering the fact that there is no ingredients against the petitioner and only on the basis of suspicion, present case has been lodged against the petitioner, let the above-named petitioner be released on bail, in the event of his arrest or surrender before the Trial Court within a period of four weeks from today, on furnishing bail bond of Rs.30,000/- (Rupees Thirty Thousand only) each, as mentioned in Section 2(1)(d) of the Bharatiya Nagrik Suraksha Sanhita, 2023, to the satisfaction

Patna High Court CR. MISC. No.52379 of 2026(2) dt.29-07-2026 3/3 of the learned ACJM-X, Gopalganj in connection with the aforementioned case, subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023.

7. It is made clear that the observations made here-inabove shall not be used during trial. (Dr. Anshuman, J) Ashwini/- U T