Patna High Court

Satendra YadavversusThe State of Bihar

Decided: 15 May 2026
Disposal: BAIL GRANTED
Bench: PRABHAT KUMAR SINGH

Holding

Anticipatory bail is granted to the petitioners subject to the conditions specified.

Summary

Satendra Yadav and Ritesh Kumar, owner and driver of a tractor, were implicated in illegal sand‑mining and charged under Sections 303(2) and 317(2) of the Bharatiya Nyaya Sanhita. The petitioners feared arrest and applied for anticipatory bail, asserting that they had already paid a fine of Rs 38,845 and possessed a clean antecedent. The State opposed the bail application. The court noted the payment of the fine and the petitioners’ clean record, and considered the statutory provision under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita. Accordingly, the court granted anticipatory bail, directing the petitioners to furnish a bail‑bond of Rs 10,000 each with two sureties if arrested within eight weeks. The order is subject to the conditions laid down by the Additional Sessions Judge, Danapur.

Issues considered

Whether anticipatory bail should be granted to the petitioners despite the pending charges under the Bharatiya Nyaya Sanhita.
Whether the payment of the fine and the claim of a clean antecedent justify the grant of bail under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
Bharatiya Nyaya Sanhita — s. 303(2), 317(2)

Subjects

anticipatory bail
illegal sand mining
fine payment
clean antecedent
Bharatiya Nyaya Sanhita
Bharatiya Nagarik Suraksha Sanhita
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.19591 of 2026
                     Arising Out of PS. Case No.-450 Year-2024 Thana- RANIYATALAB District- Patna
                 ======================================================
           1.     Satendra Yadav Son of Jagdish Yadav R/o Village - Nesarpura, P.S. -
                  Ranitalab Kanpa, Dist. - Patna.
           2.    Ritesh Kumar @ Ritesh Yadav Son of Randhari Yadav R/o Village -
                 Nesarpura, P.S. - Ranitalab Kanpa, Dist. - Patna.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Santosh Kumar, Advocate
                 For the Opposite Party/s :       Mr. Sanjay Kumar Singh, A.P.P.
                 For the Informant        :       Mr. Naresh Dikshit, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

3   15-05-2026                   Heard learned counsel for the petitioners, informant

                   and the State.

                                2. Petitioners apprehend arrest in a case registered for

                   the offences punishable under Sections 303(2), 317(2) of the

                   Bharatiya Nyaya Sanhita.

                                3. As per prosecution case, petitioner no. 1 is owner

                   and petitioner no. 2 is driver of the tractor, bearing registration

                   no. BR01GD9699 and trailer no. BR01GD9032, allegedly

                   involved in illegal sand mining, seized by the police.

                                4. Learned counsel for the petitioners submits that

                   petitioners are innocent and have committed no offence.

                   Petitioners have already deposited the fine amount of Rs.
              Patna High Court CR. MISC. No.19591 of 2026(3) dt.15-05-2026
                                                          2/2




                        38,845/- through E-Challan dated 14.07.2025 in the office of

                        District Mining Officer, Patna (Annexure-P/3). Petitioners claim

                        clean antecedent.

                                     5. Learned A.P.P. for the State vehemently opposed

                        the bail application.

                                     6. Considering the fact that petitioners have already

                        deposited the fine amount and claim clean antecedents, this

                        anticipatory bail is allowed and it is ordered that let the above

                        named petitioners in the event of their arrest/surrender before

                        the court below within a period of eight weeks from today, be

                        enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten

                        thousand) each with two sureties of the like amount each to the

                        satisfaction of learned Additional Sessions Judge VII, Danapur

                        in connection with Ranitalab P. S. Case No. 450 of 2024, subject

                        to condition as laid down under Section 482(2) of the Bharatiya

                        Nagarik Suraksha Sanhita, 2023.



                                              (Prabhat Kumar Singh, J)
Navya/-

U         T

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