Patna High Court
Sadanand Kumar @ Littu @ Dayanand KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was refused.
Summary
The petitioners, Sadanand Kumar and Gunjan Kumar, were implicated in an FIR alleging illegal sand mining and transportation from the riverbank, and were accused of warning co‑accused of police raids. They have two prior criminal antecedents for similar offences. The petitioners filed a petition seeking anticipatory bail under the Bharatiya Nyaya Sanhita, fearing arrest in case No. 202 of 2025. The court examined the seriousness of the alleged offences, the repeated nature of the conduct, and the risk of tampering with evidence. Considering the gravity of the accusations and the petitioners' criminal history, the court refused the grant of anticipatory bail. Consequently, the petition was dismissed.
Issues considered
- Whether anticipatory bail should be granted to the petitioners accused of illegal sand mining under the Bharatiya Nyaya Sanhita.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 111(2)(6), 305(e), 317(4), 3(5)
Subjects
- anticipatory bail
- illegal sand mining
- Bharatiya Nyaya Sanhita
- criminal antecedent
- pre‑emptive police warning
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28578 of 2026
Arising Out of PS. Case No.-202 Year-2025 Thana- KAUWAKOL District- Nawada
======================================================
1. Sadanand Kumar @ Littu @ Dayanand Kumar Son of Naresh Yadav @ Ram
Naresh Yadav Resident of Village - Bhorambagh, Police Station - Kawakole,
District - Nawada.
2. Gunjan Kumar @ Chhotu Kumar Son of Hiro Yadav @ Jawahar Yadav
Resident of Village - Bhorambagh, Police Station - Kawakole, District -
Nawada.
... ... Petitioner/s
Versus
1. The State of Bihar
2. The Mines Inspector, Nawada.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Birendra Kumar, Advocate
For the Opposite Party/s : Mr. Jagdhar Prasad, A.P.P.
For the O.P. No. 2 : Mr. Naresh Dikshit, Ms. Kalpana, Advocates
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 30-04-2026 Heard learned counsel for the parties.
2. Petitioners apprehend arrest in Kawakole P. S. Case
No. 202 of 2025 registered for the offences punishable under
Sections 305(e), 317(4), 111(2)(6), 3(5) of the Bharatiya Nyaya
Sanhita.
3. As per F.I.R., these petitioners are alleged to be
involved in illegal mining and transportation of sand from the
bank of river. These petitioners used to inform the accused
persons, in advance, about arrival of the police on the spot.
Petitioners have got two criminal antecedents of similar nature.
Patna High Court CR. MISC. No.28578 of 2026(2) dt.30-04-2026
2/2
4. Considering the nature of accusation and gravity of
the offence, prayer for anticipatory bail of the petitioners is
refused.
(Prabhat Kumar Singh, J)
Navya/-
U T
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