Patna High Court
Pratap Yadav @ Pratap KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
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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