Alok Kumar Vs The State of Bihar

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.78313 of 2025

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Arising Out of PS. Case No.-667 Year-2025 Thana- BIHTA District- Patna

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======================================================

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Alok Kumar S/O Rambadan Yadav R/O Village- Kelhanpur, P.S- Bihta, Distt.- Patna.

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Niraj Kumar S/O Rambadan Yadav R/O Village- Kelhanpur, P.S- Bihta, Distt.- Patna.

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Chhotu Kumar @ Ritesh Kumar S/O Virendar Yadav @ Virendra Yadav @ Bujan Yadav R/O Village- Kelhanpur, P.S- Bihta, Distt.- Patna.

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Ravi Kumar S/O Virendar yadav @ Virendra Yadav @ Bujan Yadav R/O Village- Kelhanpur, P.S- Bihta, Distt.- Patna.

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Pawan Kumar S/O Gohari Yadav @ Shyam Murti Yadav R/O VillageKelhanpur, P.S- Bihta, Distt.- Patna.

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Rambadan Yadav S/O Late Bhuvneshwar Yadav @ Late Bhuneshwar Yadav R/O Village- Kelhanpur, P.S- Bihta, Distt.- Patna.

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Bujan Yadav @ Virendra Yadav @ Virendar Yadav S/O Late Setha Yadav R/O Village- Kelhanpur, P.S- Bihta, Distt.- Patna.

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Rajeshwar Yadav @ Rajeshwar Yadav Singh S/O Late Setha Yadav R/O Village- Kelhanpur, P.S- Bihta, Distt.- Patna.

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Gohari Yadav @ Shyam Murti Yadav S/o Late Bhuvneshwar Yadav @ Late Bhuveshwar Yadav R/O Village- Kelhanpur, P.S- Bihta, Distt.- Patna.

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Kush Kumar S/O Late Kamlesh Kumar @ Kamlesh Yadav R/O VillageKelhanpur, P.S- Bihta, Distt.- Patna.

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Robin Kumar S/O Gohari Yadav @ Shyam Murti Yadav R/O VillageKelhanpur, P.S- Bihta, Distt.- Patna.

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Lokesh Kumar S/O Late Abhay Singh R/O Village- Salempur, P.S.- Chandi, Distt.- Bhojpur. Present Address-AT- Kelhanpur, P.S- Bihta, Distt.- Patna. ... ... Petitioner/s

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Versus

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The State of Bihar Bihar

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Govind Kumar, Mining Inspector Mining Office Patna, P.S- Bihta, Dist.Patna.

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... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Samrendra Kumar Jha, Advocate For the Opposite Party/s : Mr.Madan Kumar, APP For the Mines : Mr. Naresh Dixit, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER

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2 03-12-2025 Heard the learned counsel for the petitioners and

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learned Additional Public Prosecutor for the State.

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The petitioners are apprehending their arrest in

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connection with Bihta P.S. Case No.667 of 2025, F.I.R dated

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Patna High Court CR. MISC. No.78313 of 2025(2) dt.03-12-2025 2/4

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22.08.2025 registered for the offences punishable under Sections 126(2), 115(2), 109, 324(4), 132, 351(2), 117(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023.

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According to prosecution case, Mining Inspector Govind Kumar informed the Bihta Police Station that he had received secret information about illegal yellow-sand mining in Kelhanpur. On 22.08.2025, he conducted a raid with police officials, during which a tractor loaded with sand attempted to escape. The driver fled, and the tractor was later forcibly taken away by attackers who assaulted the raiding team with the intention to kill, injuring four officials. Based on information from the local choukidar, police, and villagers, the informant identified the attackers, alleging that all the named accused are professional criminals engaged in illegal sand mining causing significant revenue loss to the department.

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Learned counsel for the petitioners submits that informant in this case is the Mining Inspector, and the Mining Inspector is said to have lodged the First Information Report against these petitioners, who have been named as accused in the instant F.I.R., while there is nothing specific against these petitioners to find their complicity in any manner. It has next been submitted that despite allegations of the kind levelled

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Patna High Court CR. MISC. No.78313 of 2025(2) dt.03-12-2025 3/4

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against these petitioners, the First Information Report has not been registered under the provisions of the Bihar Minerals (Concession, Prevention of Illegal Mining, Transportation & Storage) Rules, 2019. The petitioners are labourers and earning their livelihood by rendering their services, and for ulterior reasons, merely on the basis of certain information from the local choukidar, the names of these petitioners have been roped in the present case. The petitioners have clean antecedents.

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Learned APP for the State and Learned Counsel for the Department of Mines have appeared and oppose the prayer for anticipatory bail application.

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Considering the aforesaid facts and circumstances that there is nothing specific against these petitioners rather the allegations are general and omnibus in nature and merely on the basis of suspicion, the petitioners have been roped in the present case. Accordingly, this Court is inclined to grant the privilege of anticipatory bail to the petitioners.

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Let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of

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Patna High Court CR. MISC. No.78313 of 2025(2) dt.03-12-2025 4/4

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the learned A.C.J.M-II, Danapur, in connection with Bihta P.S. Case No.667 of 2025, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure / Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita and with other following conditions:-

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(i) one of the bailors should be the family member/relative of the petitioner(s) who shall provide official document to show his/her bona fide;

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(ii) the petitioner(s) shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his/her/their bail bond by the Trial Court itself;

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(iii) the petitioner(s) shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;

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(iv) the petitioner(s) shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of their bail bonds.

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(Ajit Kumar, J)

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sharun/-

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U T

Alok Kumar v. The State of Bihar

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Alok Kumar v. The State of Bihar

Case brief

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