Patna High Court
Sunil YadavversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- HARISH KUMAR
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
- Arms Act — s. 27
- Bihar Negotiable Statutes (BNS) — s. 109(1), 111, 115(2), 126(2), 132, 190, 191(2), 191(3), 324(2), 351(2), 352
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
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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
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