Patna High Court
Bablu Yadav @ Bablu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
The Court held that bail may be granted to the petitioner subject to the stipulated conditions.
Summary
The petitioner, Bablu Yadav, sought bail fearing arrest in a case involving offences under several IPC sections (341, 323, 332, 353, 379, 34) and Forest Act sections (33, 41, 42) related to the alleged illegal loading of sand using his tractor seized from a forest area. He contended that he is merely the owner of the Mahindra tractor and that the charges are based on general and omnibus allegations against him and 25 unknown persons. The petitioner had already paid a fine of Rs.25,600 on 9 September 2025. The State opposed the bail application. The Court, after considering the facts and the presence of omnibus allegations, granted bail on the condition of a Rs.10,000 bond with two sureties, one of whom must be a blood relative, and required the petitioner’s cooperation in the investigation, invoking Section 438(2) of the Cr.P.C. and Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Issues considered
- Whether bail should be granted to the petitioner despite the nature of the offences and the presence of general and omnibus allegations.
- Whether the conditions prescribed under Section 438(2) Cr.P.C. and Section 482(2) BNSS 2023 are applicable to the bail order.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Criminal Procedure Code — s. 438(2)
- Indian Forest Act — s. 33, 41, 42
- Indian Penal Code — s. 323, 332, 34, 341, 353, 379
Subjects
- bail
- criminal procedure
- omnibus allegations
- forest offences
- vehicle seizure
- IPC
- Indian Forest Act
- Section 438 CrPC
- BNSS 2023
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23319 of 2026
Arising Out of PS. Case No.-508 Year-2023 Thana- CHANDAUTI District- Gaya
======================================================
Bablu Yadav @ Bablu Kumar S/o Ramwaran Yadav R/o Village- Tapsi, P.S-
Musassil, Dist- Gaya. ... ... Petitioner/s
Versus
The State of Bihar. ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Gajendra Kumar Singh, Advocate
For the Opposite Party/s : Mr. Narendra Kumar Singh, APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
2 18-04-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends his arrest in a case registered
for the offences punishable under Sections 341, 323, 332, 353,
379 and 34 of the Indian Penal Code and Section 33, 41 and 42
of the Forest Act.
3. The tractor of the petitioner is said to have been seized
for loading illegal sand.
4. It is submitted by learned counsel for the petitioner that
the petitioner has been made accused in this case as he is said
to be the owner of the Mahindra Tractor, which was found in
the forest area. It is further submitted that there are general and
omnibus allegations against the petitioner and 25 other
unknown persons for entering into embroil with the police
party and taking away the tractor. However, the petitioner has
Patna High Court CR. MISC. No.23319 of 2026(2) dt.18-04-2026
2/2
already deposited the fine amount of Rs.25,600/- on 9th
September, 2025.
5. Learned APP for the State opposed the prayer for bail.
6. Taking into consideration the facts and circumstances of
the case and also considering the fact that there are general and
omnibus allegations, let the above named petitioner, be released
on bail, in the event of his arrest or surrender before the learned
Court below within a period of four weeks from today, on
furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand)
with two sureties of the like amount each to the satisfaction of
the learned Court below where the case is pending/successor
Court in connection with Chandauti P.S. Case No. 508 of 2023,
subject to the condition as laid down under Section 438 (2) of
the Cr.P.C/ Section 482 (2) of the Bharatiya Nagarik Suraksha
Sanhita (BNSS), 2023, subject to the further conditions that:
(i) One of the bailors would be the blood relative/family
member.
(ii) The petitioner shall cooperate in the investigation/trial and in
non-cooperation thereof, the learned Court concerned would be
at liberty to cancel the bail bonds of the petitioner.
(Soni Shrivastava, J)
Trivedi/-
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