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Patna High Court

Pratap Yadav @ Pratap KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court allowed the anticipatory bail application, granting bail subject to conditions under Section 482(2) of the B.N.S.

Summary

The petitioners, Pratap Yadav and Pintu Yadav, applied for anticipatory bail in a case registered under Sections 305(e) and 317(4) of the B.N.S. concerning alleged illegal sand mining from the Nati river, where 15,114 cft of sand was seized and villagers reportedly named them. The petitioners argued that they were falsely implicated, that the informant’s information was undisclosed in the FIR, and that they were not apprehended at the spot, contending that prior similar cases should not prejudice their bail. The State opposed the bail, relying on the seriousness of the offences. The Court, after considering the submissions, granted anticipatory bail subject to a bail bond of Rs 10,000 each with two sureties and conditions under Section 482(2) of the B.N.S., including cooperation with the investigation. The order also empowered the trial court to cancel the bail if the petitioners fail to cooperate.

Issues considered

  • Whether anticipatory bail can be granted under Section 482(2) of the B.N.S. for offences punishable under Sections 305(e) and 317(4).
  • Whether the lack of direct apprehension and undisclosed informant details justify denial of bail.
  • Whether the petitioners’ prior antecedent cases affect the grant of anticipatory bail.

Legislation cited

  • B.N.S. — s. 305(e), 317(4), 482(2)

Subjects

  • anticipatory bail
  • illegal sand mining
  • Section 305(e)
  • Section 317(4)
  • Section 482(2)
  • bail conditions
  • false implication
  • informant

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.149 of 2026
                     Arising Out of PS. Case No.-193 Year-2025 Thana- KAUWAKOL District- Nawada
                 ======================================================
           1.     Pratap Yadav @ Pratap Kumar S/o Surendra Yadav R/o Village -
                  Bhorambagh, P.S - Kawakol, District - Nawada
           2.    Pintu Yadav @ Pintu Kumar S/o Rohan Yadav R/o Village - Bhorambagh,
                 P.S - Kawakol, District - Nawada

                                                                                ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Ms.Muskan Singh
                 For the Opposite Party/s :      Mr.Chandra Bhushan Prasad- A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   03-04-2026                  1. Heard learned counsel for the petitioners and

                   learned APP for the State.

                                2. The petitioners seek bail in anticipation of their

                   arrest in a case registered for the offences punishable under

                   Sections 305(e) and 317(4) of the B.N.S.

                                3. The learned counsel for the petitioners submits that

                   the petitioner no.1 has antecedent of one case and petitioner

                   no.2 has antecedent of two cases as would manifest from the

                   supplementary affidavit. It is next submitted that the informant

                   alleges that a raid was conducted for seizing illegally mined

                   sand from Nati river and 15114 cft. Sand was found illegally

                   mined and the villagers disclosed the name of the petitioners.
Patna High Court CR. MISC. No.149 of 2026(3) dt.03-04-2026
                                            2/3




          Further, the accused are liable for payment of fine for illegal

          mining of sand.

                       4. The learned counsel for the petitioners submits that

          petitioners have been falsely implicated in the instant case by

          the informant. It is next submitted that petitioners were not

          apprehended from the spot, as such, it cannot be presumed that

          sand was illegally mined by them. It is also submitted that

          though informant alleges that villagers informed that the sand

          was illegally mined by the petitioners, but then, the name of the

          person who disclosed the name of the petitioners is not

          disclosed in the FIR, when petitioners have not been implicated

          based on secret information which also casts an aspersion on the

          case of the prosecution. It is further submitted that since

          petitioners were earlier implicated in a similar case, as such, the

          informant in a mechanical manner implicated them. It is also

          submitted that if privilege of anticipatory bail is granted, the

          petitioners will not abscond rather will cooperate in the

          investigation to prove their innocence.

                       5. Learned A.P.P. Sri Chandra Bhushan Prasad

          opposes the anticipatory bail application.

                       6. Considering the submissions made by the learned

          counsel for the petitioners, the petitioners, above-named, in the
               Patna High Court CR. MISC. No.149 of 2026(3) dt.03-04-2026
                                                           3/3




                         event of their arrest or surrender before the learned Court below

                         within a period of six weeks, are directed to be released on

                         anticipatory bail on their furnishing bail-bonds in the sum of Rs.

                         10,000/- (Rupees Ten Thousand) each with two sureties of the

                         like amount each to the satisfaction of the learned Trial Court

                         where the case is pending/successor Court in connection with

                         Kawakol P. S. Case No.193 of 2025, subject to the conditions

                         laid down under Section 482(2) of the B.N.S.

                                      7. The application stands allowed.

                                      8. However, it is made clear that in the event, if any

                         application is filed by the Investigating Officer before the

                         learned trial Court bringing to its notice that petitioners, despite

                         giving assurance to this Court, are not cooperating in the

                         investigation or are not presenting themselves as and when

                         required, the learned trial Court shall be at liberty to cancel the

                         bail bonds of the petitioners after recording reasons.

                                      9. Let a copy of this order be sent to the concerned

                         Police Station through the learned trial Court.


                                                   (Satyavrat Verma, J)
vikash/-

U          T


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