Manoj Kumar Singh @ Manoj Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81864 of 2025 Arising Out of PS. Case No.-124 Year-2025 Thana- MUFFASIL District- Aurangabad ====================================================== 1 .

Manoj Kumar Singh @ Manoj Singh S/o- Late Avdhesh Singh R/vBharthauli Ps- Muffasil Dist- Aurangabad 2.

Bablu Singh@ Bablu Kumar Singh S/o- Late Avdhesh Singh R/vBharthauli Ps- Muffasil Dist- Aurangabad ... ... Petitioner/s

Versus

1 .

The State of Bihar 2.

The Mining Inspector, Aurangabad Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Suman Kumari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 09-02-2026 Heard learned counsel for the petitioners, informant and the State .

2. Petitioners apprehend arrest in a case registered for the offences punishable under Sections 303(2), 317(2), 3(5) of the Bharatiya Nyaya Sanhita, Sections 4(1)(A)/21 of the Mines and Minerals (Development And Regulation) Act, 1957, Rules 11, 18, 39 of the Bihar Minerals (Prevention of Illegal Mining, Transportation and Storage) Rules, 2003 and Rule 56 of Bihar Minerals Rule, 2021.

3 . Allegation against the F.I.R. named accused persons is of illegal mining and storage of sand from the bank of Batane river wtihout having any license and in course of raid,

Patna High Court CR. MISC. No.81864 of 2025(2) dt.09-02-2026 2/3 1000 Cubic feet of sand was recovered.

4. Learned counsel for the petitioners submit that petitioner are innocent and have committed no offence as alleged. Petitioner are not named in the F.I.R. and named accused Satyam Chauhan has already been granted anticipatory bail by coordinate Bench of this Hon'ble Court vide order dated 11.08.2025 passed in Cr. Misc. No. 50676 of 2025 . Petitioner No. 2 has got 1 criminal antecedent of different nature in which he is on bail.

5 . Learned A.P.P. for the State vehemently opposed the bail application and submitted that petitioner No. 1 has got 2 criminal antecedents of similar nature .

6. Considering the nature of accusation and criminal antecedents of petitioner No. 1 , his prayer for pre - arrest bail is rejected.

7. Considering the aforesaid facts and circumstances of the case , this anticipatory bail is allowed and it is ordered that let the above named petitioner No. 2 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 Chief Judicial Magistrate ,

Patna High Court CR. MISC. No.81864 of 2025(2) dt.09-02-2026 3/3 Aurangabad in connection with Muffasil P. S. Case No. 124 of 2025 , subject to condition as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 . (Prabhat Kumar Singh, J) Koushik/- U T