Patna High Court
Krishna Yadav @ Krishna KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
The Court granted anticipatory bail to the petitioner with specified conditions.
Summary
The petitioner, Krishna Yadav, was implicated in a case of illegal sand mining under Sections 303(2) and 317(2) of the Bharatiya Nyaya Sanhita, 2023, based on the allegation that his tractor was used in the offence. He argued that he was falsely implicated, that no specific allegation was made against him, and that he has a clean antecedent. The State opposed bail, insisting that the petitioner should first deposit the statutory fine. The High Court, applying Section 438(2) of the Code of Criminal Procedure, 1973 read with Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, granted anticipatory bail subject to a Rs.10,000 bond, two sureties, proof of fine deposit, and conditions of personal appearance and compliance. The order emphasized that its observations would not affect the trial and that bail could be cancelled upon breach of conditions.
Issues considered
- Whether anticipatory bail can be granted to the petitioner under Section 438 CrPC in view of the allegations under the Bharatiya Nyaya Sanhita.
- Whether the condition of depositing the statutory fine before bail is permissible.
- Whether the prosecution's evidence is sufficient to deny anticipatory bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Bharatiya Nyaya Sanhita, 2023 — s. 303(2), 317(2)
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- illegal sand mining
- Bharatiya Nyaya Sanhita
- Section 303
- Section 317
- Code of Criminal Procedure
- Section 438
- Bharatiya Nagarik Suraksha Sanhita
- Section 482
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27346 of 2026
Arising Out of PS. Case No.-41 Year-2025 Thana- KOTHI District- Gaya
======================================================
Krishna Yadav @ Krishna Kumar, S/o Tetar Yadav, R/o Village- Kanargadh,
P.S- Kothi, Distt.- Gaya.
... ... Petitioner/s
Versus
1. The State of Bihar
2. The State of Bihar (Mines and Minerals) Gaya
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Md. Javed Jafar Khan, Advocate
For the Opposite Party/s : Mr. Murli Dhar, APP
For the Department of Mines : Mr. Naresh Dikshit, Advocate
Mr. Brij Bhan, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
3 17-06-2026 Heard the learned counsel for the petitioner, the
learned A.P.P. for the State and the learned counsel appearing on
behalf of Department of Mines.
2. The petitioner is apprehending his arrest in
connection with Kothi P.S. Case No. 41 of 2025, registered for
the offence(s) under Section(s) 303(2) and 317(2) of the
Bharatiya Nyaya Sanhita, 2023 (B.N.S.).
3. As per the prosecution case, the allegation against
the petitioner is that he along with others were carried out illegal
mining of sand and the police recovered 100 cft. sand loaded on
a trailer.
4. The learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.27346 of 2026(3) dt.17-06-2026
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the petitioner has falsely been implicated in this case only
because he happens to be the owner of the alleged tractor. It has
further been submitted that there is no specific allegation against
the petitioner. It has lastly been submitted that the petitioner has
clean antecedent.
5. The learned A.P.P. for the State as well as the
learned counsel appearing on behalf of Department of Mines
have jointly opposed the prayer for bail and submitted that the
petitioner may be released only after depositing the amount of
fine prescribed under the statute.
6. Considering the aforesaid facts and circumstances
of the case and the submissions advanced on behalf of the
parties, let the petitioner, above-named, be released on
anticipatory bail, in the event of his/her arrest or surrender
before the concerned Court/successor Court within a period of
four weeks from today, on his/her furnishing bail bonds in the
sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of
the like amount each to the satisfaction of the concerned
Court/successor Court where the case is pending in connection
with Kothi P.S. Case No. 41 of 2025, subject to the conditions as
laid down under Section 438(2) of the Code of Criminal
Procedure, 1973 read with corresponding Section 482(2) of the
Patna High Court CR. MISC. No.27346 of 2026(3) dt.17-06-2026
3/3
Bharatiya Nagarik Suraksha Sanhita, 2023 (B.N.S.S.) as well as
subject to the following conditions :
(i) The bail bonds of the petitioner shall be accepted
by the concerned Court/successor Court only after
submission of receipt showing the deposit of fine by the
petitioner.
(ii) One of the bailors of the petitioner shall be
his/her close relative and the other shall be a local
resident.
(iii) The petitioner shall remain physically present
before the concerned Court on each and every date of the
trial and shall cooperate in the investigation.
(iv) In case of absence for two consecutive occasions
or in violation of the terms of the bail, the bail bonds of
the petitioner will be liable to be cancelled by the
concerned Court.
7. It is made clear that the observations, if any, made
in this order, shall be of no bearing during the trial.
8. The application stands allowed.
(Sourendra Pandey, J)
krishna/-
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