Patna High Court
Krishna Prasad YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- RAJIV ROY
Holding
The anticipatory bail application was denied.
Summary
Krishna Prasad Yadav applied for anticipatory bail fearing arrest in a case (Kawakol PS Case No. 412 of 2024) involving offences under sections 305(2), 317(2), 112(2) and 3(5) of the BNS, arising from an illegal mining raid. The prosecution alleged that the petitioner was involved in the illegal mining activity that led to the FIR. The petitioner had earlier filed a criminal miscellaneous application (Cr. Misc. No. 26271 of 2025) which was dismissed as infructuous because he was already in custody in another case and he has several other pending cases. The court noted his criminal antecedent and the seriousness of the allegations. Consequently, the court rejected the anticipatory bail application but directed that if the petitioner surrenders within four weeks, the matter will be heard and disposed of promptly.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the applicable provisions of the BNS.
- Whether the petitioner’s prior criminal antecedent and pending cases preclude the grant of anticipatory bail.
- Whether the condition of surrender within four weeks is appropriate in lieu of anticipatory bail.
Legislation cited
- Bihar Narcotic Substances Act — s. 112(2), 305(2), 317(2), 3(5)
Subjects
- anticipatory bail
- illegal mining
- criminal antecedent
- Bihar Narcotic Substances Act
- surrender condition
- criminal miscellaneous
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12303 of 2026
Arising Out of PS. Case No.-412 Year-2024 Thana- KAUWAKOL District- Nawada
======================================================
Krishna Prasad Yadav S/o Late Jago Yadav R/o Village- Bharambag,
Dewangarh, D. Garh, Itpakwa, PS- Kawakol, District - Nawada
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Muskan Singh, Advocate
For the Opposite Party/s : Mr. Nagendra Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 25-02-2026 Heard Ms. Muskan Singh, learned counsel for the
petitioner and Mr. Nagendra Prasad, learned APP.
2. The petitioner is apprehending his arrest in
connection with Kawakol P.S. Case No. 412 of 2024 for the
offence under sections 305(2), 317(2), 112(2) and 3(5) of the
BNS lodged on 22.11.2024 by the informant, Apurv Singh
3. As per the prosecution story, the informant who is a
Mining Officer, Nawada got information that illegal mining is
going on and thereafter, a raid took place. A tractor was seized
but the driver dumped the sand from the loaded tractor. This led
to the FIR.
4. Though learned counsel for the petitioner tried to
impress upon this Court the innocence, learned APP has taken
this Court to Annexure-1 to show that earlier the petitioner
Patna High Court CR. MISC. No.12303 of 2026(2) dt.25-02-2026
2/2
moved this Court in Cr. Misc. No. 26271 of 2025 (Krishna
Prasad Yadav vs. The State of Bihar & Anr.) which was
disposed of as infructuous on 20.08.2025 in view of the fact that
the petitioner was arrested in Kawakol P.S. Case No. 140 of
2025. He further submits that beside the two cases, as recorded,
he has three more cases under Kawakol Police Station.
5. Considering the aforesaid background as also that
the petitioner has criminal antecedent, it would be appropriate
that he seeks bail.
6. The anticipatory bail application stands rejected.
7. If, however, the petitioner surrenders within four
weeks, the concerned Court shall take up the matter and dispose
it of preferably on the same day.
(Rajiv Roy, J)
Adnan/-
U T
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