Created by Fuzzy Cloud

Patna High Court

Sunil YadavversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The Court granted anticipatory bail to the petitioner subject to stipulated conditions.

Summary

The petitioner, Sunil Yadav, sought anticipatory bail in connection with a sand‑excavation case (PS 506 of 2025) involving offences under multiple sections of the BNS and Section 27 of the Arms Act. The incident involved illegal sand transport, armed bikers, and stone‑pelting, during which an associate named Upendra Yadav identified the petitioner. The petitioner argued that his inclusion was solely due to past criminal antecedents and that the FIR contained only a general, omnibus allegation, noting that a co‑accused, Rakesh Yadav, had already been granted anticipatory bail in a similar case. The State opposed bail, highlighting the petitioner’s three prior convictions. The Court, after considering the parity with the co‑accused and the nature of the allegations, granted anticipatory bail subject to a bond of Rs 10,000 with two sureties and a family member as a bailor, invoking Section 482(2) of the BNSS.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail despite past criminal antecedents.
  • Whether the general and omnibus nature of the FIR precludes bail.
  • Whether the grant of anticipatory bail to a co‑accused mandates a similar relief to the petitioner.

Legislation cited

Subjects

  • anticipatory bail
  • criminal antecedents
  • general allegation
  • sand excavation
  • stone pelting
  • Section 482(2) BNSS
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.2749 of 2026
                       Arising Out of PS. Case No.-506 Year-2025 Thana- BELAGANJ District- Gaya
                 ======================================================
                 Sunil Yadav, Son of Kameshwar Yadav, Resident of Village - Bhikhanchak,
                 Police Station - Belaganj, District - Gaya.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Aryan Singh, Advocate
                 For the Opposite Party/s :       Mr. Anish Chandra, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

2   04-02-2026                     Heard learned Advocate for the petitioner and

                   learned APP for the State.

                                   2. The petitioner            apprehends       his    arrest    in

                   connection with Belaganj P.S. Case No. 506 of 2025 registered

                   for the offences punishable under Sections 126(2), 115(2),

                   191(2), 191(3), 190, 132, 109(1), 324(2), 352, 351(2) and 111 of

                   the BNS and Section 27 of the Arms Act.

                                   3. Allegedly, on the fateful day, in the course of

                   patrolling, the informant received information regarding illegal

                   excavation and transportation of sand by members of a criminal

                   group using tractors, with bikers monitoring the activity. When

                   the police reached at the site, one of the tractors tried to flee

                   away after detaching its trolley and spilling sand. Later on, the

                   same was intercepted, however, in order to save the accused
Patna High Court CR. MISC. No.2749 of 2026(2) dt.04-02-2026
                                            2/3




          persons and the tractor, a convoy of 10 to 12 armed bikers

          arrived and resorted to stone pelting. In the course of the said

          chase, one Upendra Yadav was apprehended who disclosed the

          name of the petitioner and others.

                          4. Learned Advocate for the petitioner submits that

          only on account of past criminal antecedents, the name of the

          petitioner has been implicated in this case. Moreover, the FIR

          clearly suggests that there is only general and omnibus allegation

          against all the accused persons. Taking note of the aforesaid fact,

          one of the co-accused, namely, Rakesh Yadav has been extended

          the privilege of anticipatory bail by a Bench of this Court in Cr.

          Misc. No. 90347 of 2025 vide order dated 15.01.2026.

                          5. On the other hand, learned Advocate for the State

          vehemently opposed the bail application and submits that

          petitioner bears three criminal antecedents.

                          6. Having considered the submissions set forth by

          the learned Advocate for the respective parties and taking note of

          the fact that the case of the petitioner stands on similar footing to

          that of the co-accused, who has been granted anticipatory bail, 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.
            Patna High Court CR. MISC. No.2749 of 2026(2) dt.04-02-2026
                                                        3/3




                      10,000/- (Ten thousand) with two sureties of the like amount

                      each to the satisfaction of learned C.J.M., Gaya in connection

                      with Belaganj P.S. Case No. 506 of 2025, subject to the

                      condition as laid down under Section 482(2) of the BNSS, with

                      with further condition that one of the bailors shall be the

                      own/close family members of the petitioner.



                                                  (Harish Kumar, J)
khushbu/-

U      T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.