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Patna High Court

Krishna Prasad YadavversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

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

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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