Patna High Court

Umesh YadavversusThe State of Bihar

Decided: 28 April 2026
Disposal: BAIL GRANTED
Bench: CHANDRA SHEKHAR JHA

Holding

The court granted bail to the petitioner under Section 482(2) of the BNSS, subject to a bond of Rs. 10,000 and two sureties.

Summary

The petitioner, Umesh Yadav, was arrested in connection with a case alleging that his tractor was used to transport illegal sand from the Kiul river, violating Sections 303(2), 317(2) and 3(5) of the BNS. The petitioner argued that the tractor was stationary, as shown by GPS data, for 24 hours on the date of the alleged offence and therefore could not have been involved. The prosecution opposed bail, contending that ownership of the tractor and its presence at the scene established a prima facie case. The court examined the GPS evidence and the statutory provisions governing bail, particularly Section 482(2) of the BNSS, and concluded that the petitioner was entitled to bail despite the prima facie suspicion. Accordingly, the court ordered his release on bail of Rs. 10,000 with two sureties, subject to the conditions prescribed under Section 482(2).

Issues considered

Whether the petitioner is entitled to bail despite prima facie evidence of involvement in illegal sand transport.
Whether GPS location evidence negates the suspicion arising from ownership of the tractor.
Whether Section 482(2) of the BNSS permits the grant of bail in the present circumstances.

Subjects

bail
illegal sand mining
GPS evidence
prima facie case
Section 482
criminal procedure
sand theft

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.27087 of 2026
                      Arising Out of PS. Case No.-30 Year-2026 Thana- CHANAN District- Lakhisarai
                 ======================================================
                 Umesh Yadav S/o of Kishun Yadav, R/o Village - Gopalpur, P.S.- Chanan,
                 District – Lakhisarai.                                 ... ... Petitioner/s
                                               Versus
                 The State of Bihar.                            ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Shailesh Anand, Advocate
                 For the Opposite Party/s :       Mr.Ram Priya Sharan Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

2   28-04-2026                    Heard learned counsel appearing on behalf of the

                   petitioner and learned Additional Public Prosecutor appearing

                   on behalf of the State.

                                2. The accused/petitioner apprehending his arrest

                   in connection with Chanan P.S. Case No.                          30 of 2026

                   registered for the offences punishable under Sections

                   303(2), 317(2) and 3(5) of BNS.

                                3. As per FIR, the tractor of the petitioner bearing

                   registration no. BR 53G 5482 alongwith other tractors were

                   alleged to be involved in carrying illegal sand from Kiul river.

                                4. It is submitted by learned counsel appearing on

                   behalf of the petitioner that mere on the basis of suspicion

                   arising out of secret information, the petitioner was

                   implicated being owner of the tractor bearing registration no.
Patna High Court CR. MISC. No.27087 of 2026(2) dt.28-04-2026
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          BR 53G 5482. It is submitted that the tractor of the

          petitioner was not involved in alleged occurrence and as per

          GPS location, it was static for 24 hours on the date of

          occurrence and, therefore, the allegation as to involved the

          tractor of petitioner in carrying of illegal sand is not appears

          convincing. Petitioner claimed clean antecedent.

                       5. Learned APP opposed the prayer of bail.

                       6. In view of aforesaid factual submissions and by

          taking note of the fact as the petitioner prima facie

          implicated with present crime in question for the reason that

          he is the owner of the tractor, which found carrying of illegal

          sand, coupled with the fact that Annexure-P/2, suggest

          static location of tractor about 20 KM away from the place of

          occurrence, accordingly, above named petitioner, in the

          event of his arrest or surrender before the learned trial

          Court, within a period of four weeks of the order, is directed

          to be released on bail furnishing bail bond of Rs. 10,000/-

          (Rupees Ten Thousand) with two sureties of the like amount

          each to the satisfaction of the learned Additional Sessions

          Judge-V, Lakhisarai/concerned Court, where the case is
              Patna High Court CR. MISC. No.27087 of 2026(2) dt.28-04-2026
                                                          3/3




                        pending in connection with Chanan P.S. Case No.      30 of

                        2026, subject to the conditions as laid down under Section

                        482(2) of the BNSS.



                                              (Chandra Shekhar Jha, J)
veena/-

U         T

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