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Patna High Court

Balmukund Yadav @ Balmukund Kumar @ Balmukun YadavversusThe State of Bihar

Decided
Disposal
PARTLY ALLOWED (DISPOSAL)

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

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
                 ======================================================
           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.
Patna High Court CR. MISC. No.15803 of 2026(2) dt.25-03-2026
                                            2/4




                       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
Patna High Court CR. MISC. No.15803 of 2026(2) dt.25-03-2026
                                            3/4




          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
           Patna High Court CR. MISC. No.15803 of 2026(2) dt.25-03-2026
                                                       4/4




                     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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