Ganesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1842 of 2026 Arising Out of PS. Case No.-194 Year-2022 Thana- ALAMNAGAR District- Madhepura ====================================================== Ganesh Yadav Son of Late Panchu Yadav @ Late Paochu Yadav Resident of Village - Karuaganj P.S. - Alamnagar, Dist. - Madhepura. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Mines Department, Govt. of Bihar, Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dilip Kumar, Adv.

For the Opposite Party/s :

Mr. Md. Fahimuddin, APP For the Mines :

Mr. Naresh Dikshit, Spl. PP Ms. Shruti Singh, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 12-02-2026 Heard the parties.

2. The petitioner seeks bail in connection with Alamnagar P.S. Case No. 194 of 2022 registered for the offence under Section 379 of the IPC and Sections 4(i) and 21 of Bihar Mine and Minerals Development and Regulations Act.

3. The petitioner is named in the F.I.R. and is in custody since 30.07.2025.

4. The allegation against the petitioner is to commit theft of land lifting vehicle (poclain excavator)

Patna High Court CR. MISC. No.1842 of 2026(2) dt.12-02-2026 2/3 alongwith other co-accused persons and further alleged to involve in illegal mining activities of sand.

5. Learned counsel appearing on behalf of the petitioner submitted that the name of petitioner surfaced on the basis of suspicion as raised through unknown villagers. It is submitted that no incriminating material recovered/surfaced during the course of investigation, which may connect petitioner with the present occurrence. It is also submitted that offence as alleged under Mining Act is bailable in nature and just to aggravate the allegations and make this offence nonbailable, present false allegation of theft of vehicle is raised through present F.I.R. While concluding the argument, it is submitted that petitioner is a man of clean antecedent and moreover, investigation of this case is completed, for which charge-sheet has been submitted, as such, there is no chance of tampering with the evidence.

6. Learned APP duly assisted by Ms. Shruti

Patna High Court CR. MISC. No.1842 of 2026(2) dt.12-02-2026 3/3 Singh learned counsel appearing for the department of Mines opposed the prayer of bail.

7. In view of aforesaid factual submission and by taking note of fact as save and except suspicion nothing appears incriminating against this petitioner, coupled with fact as investigation of this case already completed where petitioner remains in custody since 30.07.2025, accordingly petitioner above named, is directed to be released on bail in connection with Alamnagar P.S. Case No. 194 of 2022 on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned JM 1st Class, Udakishunganj, Madhepura /concerned court, subject to the conditions as mentioned under Section 480(3) of BNSS.

(Chandra Shekhar Jha, J) Sudha/- U T