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Patna High Court

Pintu Yadav @ Pintu KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail was granted as the allegations were weak, no material evidence was seized, and the petitioner was likely to cooperate, subject to Section 482(2) conditions.

Summary

Petitioner Pintu Yadav was implicated in an FIR for illegal sand mining under Sections 305(e) and 317(4) of the B.N.S., 2023, based on an informant’s claim that the activity caused a loss of Rs.18 lakh to the government. The petitioner asserted that he has a clean antecedent, no sand or equipment was seized, and that the investigation was mechanically driven, making the allegations weak. He applied for anticipatory bail, assuring cooperation with the investigation and assuring he would not abscond. The State opposed the bail, arguing the seriousness of the offences. The Court, after considering the lack of material evidence and the petitioner’s clean record, granted anticipatory bail subject to a bond of Rs.10,000 and two sureties, under the conditions of Section 482(2) of the B.N.S.S. The order directs the petitioner to surrender within six weeks if arrested and to comply with the bail conditions.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under the circumstances of the case

Legislation cited

Subjects

  • anticipatory bail
  • illegal sand mining
  • false implication
  • Section 305
  • Section 317
  • Section 482
  • bail conditions
  • revenue loss

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.14686 of 2026
                     Arising Out of PS. Case No.-193 Year-2025 Thana- KAUWAKOL District- Nawada
                 ======================================================
                 Pintu Yadav @ Pintu Kumar S/o Hira Yadav @ Jawahar Yadav @ Hiru Yadav
                 R/o Village- Bhorambagh, P.O.- Itpakwa, PS- Kawakol, District- Nawada
                                                                            ... ... Petitioner/s
                                                   Versus
                 The State of Bihar
                                                                     ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Muskan Singh
                 For the Opposite Party/s :      Mr. Md. Fahimuddin
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER
2   24-04-2026                  1. Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner apprehends his arrest in a case

                   registered for the offences punishable under Sections 305(e),

                   317(4) of the B.N.S., 2023.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and the informant

                   alleges that on 17.05.2025, at 9.30 P.M. he went to village

                   Bhorambag for raid and investigation of sand in Naki river and

                   found that illegal sand mining was done as detailed in the FIR and

                   local persons disclosed that accused persons including the

                   petitioner were involved in illegal sand mining, thus alleges that

                   on account of illegal sand mining, the government lost revenue of

                   nearly Rs.18 lacs.

                                4. Learned counsel for the petitioner submits that

                   petitioner has been falsely implicated in the instant case by the

                   informant. It is next submitted that from perusal of the allegation
           Patna High Court CR. MISC. No.14686 of 2026(2) dt.24-04-2026
                                                       2/2




                     as alleged in the FIR, it would manifest that no illegally sand mine

                     was seized from the place of occurrence nor any tractor was seized

                     but then based on disclosure made by the local persons the

                     petitioner came to be implicated. It is further submitted that police

                     in mechanical manner investigates and implicates once an accused

                     is implicated in a case of similar nature. It is also submitted that if

                     privilege of anticipatory bail is granted, the petitioner will not

                     abscond rather will cooperate in the investigation to prove his

                     innocence.

                                  5. Learned A.P.P. for the State opposes the prayer for

                     anticipatory bail of the petitioner.

                                  6. Considering the submissions made by the learned

                     counsel for the petitioner, the petitioner above-named, in the event

                     of his arrest or surrender within a period of six weeks from today

                     be released on anticipatory bail on furnishing bail bonds of

                     Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like

                     amount each to the satisfaction of learned trial court where the

                     case is pending/successor court in connection with Kawakole P.S.

                     Case No.193/2025, subject to the conditions as laid down under

                     Section 482(2) B.N.S.S.

                                                              (Satyavrat Verma, J)
amit/-
U      T


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