IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.14487 of 2025 Arising Out of PS. Case No.-863 Year-2024 Thana- BIHTA District- Patna ====================================================== 1. Bachha Rai, S/O Shivdhar Rai, R/o - Badalpura, P.S- Gulterganj, District - Saran 2. Shyam Narayan Rai, S/O Phulchand Rai, R/o - Badalpura, P.S- Gulterganj, District - Saran ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ghanshyam Tiwary, Advocate For the Opposite Party/s : Mr. Bhanu Pratap Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 3 12-05-2025 Heard learned Advocate appearing on behalf of the petitioners and the learned Additional Public Prosecutor for the State. 2. The petitioners apprehends their arrest in connection with Bihta P.S. Case No. 863 of 2024, registered for the offences punishable under Sections 303(2), 317(2) and 190 of the Bharatiya Nyaya Sanhita. 3. The allegation against the petitioners is of involved in the illegal sand mining and transporting the same on their boats. The police on a tip off illegal mining conducted raid and seized boats loaded with the sand. 4. Learned Advocate appearing on behalf of the Patna High Court CR. MISC. No.14487 of 2025(3) dt.12-05-2025 2/3 petitioners taking this Court through the FIR and the seizure list has primarily contended that during the course of raid, 19 persons were apprehended, who were present at the bank of the river and altogether 40 to 50 unknown persons have been made accused, who succeeded in fleeing away. The seizure list clearly suggest that 11 boats were seized, out of which only 6 boats were laden with sand and 5 boats were found empty. It is the contention of the learned Advocate for the petitioners that the petitioners being owner of the boat, bearing registration no. BRD-1542 and BRD-1301, have been implicated in this case only on suspicion. Neither the boats were laden with sand, nor they have ever been used for illegal purpose. All the more, the learned Additional Chief Judicial Magistrate, Danapur on being found that the boats were not used in carrying illegal sands, the same was released in favour of the petitioners vide order dated 03.01.2025, the copy of which has also been marked as Annexure 2 to the bail application. The petitioners having fair antecedent undertake before this Court that they will fully cooperate in the investigation and the proceeding of the Court. 5. On the other hand, learned Advocate for the State opposed the pre-arrest bail application. 6. Regard being had to the submissions made on Patna High Court CR. MISC. No.14487 of 2025(3) dt.12-05-2025 3/3 behalf of the parties and considering the fact that boats have already been released in favour of the petitioners and save and except the petitioners being owner of the boats, there are no other material suggesing their complicity, let the petitioners above named be released on bail, in the event of their arrest or surrender before the Court below within a period of four weeks from the date of receipt/production of a copy of this order, upon furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-II, Danapur (Patna) in connection with Bihta P.S. Case No. 863 of 2024, subject to the conditions laid down in Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023 with the further condition that one of the bailors shall be the own/close family members of the petitioner. supratim/- (Harish Kumar, J) U T