IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.40925 of 2026 Arising Out of PS. Case No.-91 Year-2026 Thana- HISUWA District- Nawada ====================================================== Sudhir Chaudhary S/O Ganauri Chaudhary R/O Village-Tungi Chal Par,PS- Hisua,Distt- Nawada ... ... Petitioner Versus The State of Bihar ... ... Opposite Party ====================================================== Appearance : For the Petitioner/s : Mr.Shankar Kumar, Advocate For the Opposite Party/s : Mr.Rajiv Nayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 2 25-06-2026 Heard learned counsel for the petitioner and learned APP for the State. 2. The accused-petitioner, named in the F.I.R., is apprehending his arrest in connection with Hisua P.S. Case No. 91 of 2026 registered for the offences punishable under Sections 303(2), 317(2) & 111(3) of the Bhartiya Nyay Sanhita, 2023 (in short, the ‘B.N.S.’). 3. As per FIR, Mining Officer, Nawada, who is the informant of the present case, along with other police officials had conducted raid on 13.02.2026 at Dhadhar River at village – Tungi to nab the persons engaged in illegal mining of sand. On seeing the police party, all the accused persons fled away from the spot leaving one tractor alongwith trailor bearing Engine No. E378370 AND Chassis No. 105368754LN, from where five CFT of illegally mined sand was recovered. The local Patna High Court CR. MISC. No.40925 of 2026(2) dt.25-06-2026 2/3 chowkidar disclosed the name of 15 accused persons, who were allegedly involved in illegal sand mining activities. 4. Learned counsel appearing on behalf of the petitioner submitted that petitioner was neither connected with the truck/trailer nor with the sand in any manner. 5. It is pointed out that out of local dispute and differences, the local chowkidar named this petitioner particularly in view of suspicion as he was accused in Hisua P.S. Case No. 240/2016, wherein he is on bail. It is submitted that except suspicion as raised by local chowkidar, nothing incriminating appears against the petitioner. 6. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner. 7. In view of the aforesaid factual submissions and by taking note of the fact as except suspicion arising out of disclosure made by local chowkidar prima facie nothing incriminating appears against this petitioner, accordingly, above-named petitioner, in the event of his arrest/surrender within a period of four weeks from this order, is directed to be enlarged on bail on furnishing of bail bond of Rs.10,000/- (ten thousand only) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Patna High Court CR. MISC. No.40925 of 2026(2) dt.25-06-2026 3/3 Nawada/concerned court in connection with Hisua P.S. Case No. 91 of 2026, subject to the conditions as laid down under Section 438(2) of the Cr.P.C/Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita (in short “B.N.S.S.”). Rajeev/- (Chandra Shekhar Jha, J) U T