Patna High Court
Balmukund Yadav @ Balmukund Kumar @ Balmukun YadavversusThe State of Bihar
- Decided
- Disposal
- PARTLY ALLOWED (DISPOSAL)
- Bench
- ANSHUMAN
Holding
Anticipatory bail is granted to petitioners 4‑7 with conditions, while it is denied to petitioners 1‑3, who may seek regular bail before the trial court.
Summary
The petitioners, seven accused persons, were charged under Sections 33, 41 and 42 of the Indian Forest Act read with Sections 27, 29 and 31 of the Wildlife Protection Act for alleged illegal sand mining and assault on forest officials. They applied for anticipatory bail, claiming innocence and that the offence is non‑bailable but of low severity. The State opposed bail, alleging a habit of illegal forest activity and an assault on a forest guard. The High Court granted anticipatory bail to petitioners No.4 to 7 (Chhotu Paswan, Faki Rajvanshi, Aajo Yadav and Ashok Yadav) subject to a cash bond and strict attendance conditions, but refused anticipatory bail to petitioners No.1 to 3 (Balmukund, Lallu and Chandan Yadav). The Court directed the trial court to entertain a regular bail application from petitioners 1‑3 if they surrender within six weeks.
Issues considered
- Whether anticipatory bail should be granted to the accused under the Indian Forest Act and Wildlife Protection Act.
- Whether the nature of the alleged offences justifies denial of anticipatory bail for certain accused.
- Whether the conditions imposed under the BNSS, 2023 are appropriate for granting bail.
Legislation cited
- BNSS, 2023 — s. 2(1)(d), 482(2)
- Indian Forest Act, 1927 — s. 33, 41, 42
- Wildlife (Protection) Act, 1972 — s. 27, 29, 31
Subjects
- anticipatory bail
- bail conditions
- Indian Forest Act
- Wildlife Protection Act
- non‑bailable offence
- forest offences
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15803 of 2026
Arising Out of PS. Case No.-132 Year-2024 Thana- FOREST (GOVERNMENT OFFICIAL)
District- Nawada
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1. Balmukund Yadav @ Balmukund Kumar @ Balmukun Yadav S/O Damodar
Yadav R/O Village- Kumharua, P.S - Rajauli, District - Nawadah.
2. Lallu Yadav @ Lallu Kumar S/O Damodar Yadav R/O Village- Kumharua,
P.S - Rajauli, District - Nawadah.
3. Chandan Yadav @ Chandan Kumar S/O Indra Yadav @ Indradeo Yadav R/O
Village- Kumharua, P.S - Rajauli, District - Nawadah.
4. Chhotu Paswan @ Chhotu Kumar S/O Shri Paswan R/O Village- Kumharua,
P.S - Rajauli, District - Nawadah.
5. Faki Rajvanshi @ Fanki Rajvanshi @ Sajan Rajvanshi S/O Sarju Rajvanshi
R/O Village- Kumharua, P.S - Rajauli, District - Nawadah.
6. Aajo Yadav @ Rajendra Kumar S/O Late Rama Yadav R/O Village-
Kumharua, P.S - Rajauli, District - Nawadah.
7. Ashok Yadav @ Ashok Prasad S/O Late Vishnu Yadav R/O Village-
Kumharua, P.S - Rajauli, District - Nawadah.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Arun Kumar, Adv.
For the Opposite Party/s : Mr.Indu Kumari Srivastava, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 25-03-2026 Heard Learned Counsel for the petitioners, Learned
APP for the State and learned counsel for the informant.
2. The petitioners are apprehending arrest in a case
registered for the offences punishable in connection with G.O.
(F) Case No.132 of 2024 dated 27.09.2024 under Sections 33,
41 and 42 of the Indian Forest Act read with Sections 27, 29 and
31 of the Wildlife Protection Act.
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3. As per the prosecution, the FIR has been lodged
against 7 named accused persons with allegation that they were
engaged in illegal mining of sand from river. Upon raid, 60
persons tried to stop the tractor loaded with sand and also
attacked with stone and stick on the raiding team.
4. Learned Counsel for the petitioners submits that the
petitioners are innocent and have committed no offence. He
submits that there were two criminal cases lodged. The present
case is for violation of provision of Indian Forest Act, 1927 and
in another case, petitioners have been granted bail. He further
submits that though punishment is less, but their offence is non-
bailable. He further submits that under wrong impression, the
petitioners were doing illegal activity in the forest area.
5. Counsel submits that the criminal antecedent of the
petitioner No.4 to 7 is clean, petitioner No.1 have three criminal
antecedent and petitioner No.2 and 3 have two criminal
antecedent in which they are on bail.
6. Counsel further submits that in future, such mistake
shall not take place. He further submits that the petitioners are
ready to fulfill all the conditions whatsoever shall be imposed
upon them.
7. Learned APP for the State opposes the prayer for
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bail of the petitioners and submits that the petitioners are in
habit of illegal activity in forest area and upon oppose, they
have attacked on one forest guard, due to which he injured.
8. In the present facts and circumstances of this case
and the submissions made above, let the petitioner No.4 to 7,
namely, Chhotu Paswan, Faki Rajvanshi, Aajo Yadav and Ashok
Yadav, be granted bail, in the event of arrest or surrender before
the Trial Court within a period of 4 weeks from today, on
furnishing bail bond of Rs.30,000/- (Rupees Thirty Thousand)
each as mentioned in Section 2(1)(d) of the BNSS, 2023 to the
satisfaction of Chief Judicial Magistrate, Nawadah, in
connection with G.O.(F) Case No.132 of 2024, subject to the
conditions as laid down U/s 482(2) of the BNSS, 2023, with the
following conditions:-
(i) one of the bailor should be the family member of
the petitioner No.4 to 7 who shall provide official document to
show their bona fide;
(ii) the petitioner No.4 to 7 shall appear on each and
every date before the Trial Court and failure to do so for two
consecutive dates without plausible reason will entail
cancellation of their bail bonds by the Trial Court itself;
(iii) the petitioner No.4 to 7 shall appear before the
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local Forest Officer for one year within every fortnight to mark
attendance.
9. So far as the petitioner Nos.1 to 3, namely,
Balmukund Yadav, Lallu Yadav and Chandan Yadav, are
concerned, this Court is not inclined to grant anticipatory bail to
the petitioner Nos.1 to 3, therefore the bail application of the
petitioner Nos.1 to 3 is hereby rejected.
10. However, trial court is directed to consider the
regular bail application of the petitioner Nos.1 to 3, namely,
Balmukund Yadav, Lallu Yadav and Chandan Yadav, if they
surrenders within 6 weeks from today and prays for regular bail,
then trial court shall pass order on merit without being prejudice
of the present order preferably on the same day.
(Dr. Anshuman, J)
Prakashmani/-
U T
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