Regular bail application for alleged illegal sand mining and theft of a poclain excavator. Investigation was complete and charge-sheet filed; nothing beyond suspicion appeared against petitioner. Bail granted on furnishing bonds with two sureties, subject to BNSS Section 480(3) conditions.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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
... ... 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
2 12-02-2026 Heard the parties.
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.
custody since 30.07.2025.
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.
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.
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.
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
1 issue framed by the court
Whether the petitioner, in custody since 30.07.2025 with investigation complete and only suspicion against him, should be released on bail.
3 provisions across 3 enactments
Ganesh Yadav
The State of Bihar
Mines Department, Govt. of Bihar, Patna
Chandra Shekhar Jha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
