Patna High Court

Chotu Yadav @ Chotelal @ Chhotu KumarversusThe State of Bihar

Decided: 21 January 2026
Disposal: BAIL GRANTED
Bench: PRABHAT KUMAR SINGH

Holding

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

Summary

The petitioners, Chotu Yadav and Pappu Manjhi, sought anticipatory bail fearing arrest in a case registered under Sections 305(e) and 317(4) of the Bhartiya Nyaya Sanhita for alleged illegal sand mining from the Naki river. The informant’s report, based on villagers’ statements, named the petitioners but did not disclose the source of that information. The petitioners argued that the allegations were purely presumptive, they had a clean antecedent, and co‑accused had already been granted anticipatory bail by a coordinate bench. The State opposed the bail on the ground of the seriousness of the offence. Considering the lack of concrete evidence, the petitioners’ clean record, and the precedent of bail to co‑accused, the Court ordered anticipatory bail subject to a Rs 10,000 bond, two sureties, and conditions under Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023.

Issues considered

Whether anticipatory bail should be granted to the petitioners under Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023.
Whether the presumptive nature of the allegations and lack of disclosed source of information justify denial of bail.
Whether the petitioners’ clean antecedent and the grant of anticipatory bail to co‑accused influence the decision.

Legislation cited

Bhartiya Nagrik Suraksha Sanhita, 2023 — s. 482
Bhartiya Nyaya Sanhita — s. 305(e), 317(4)

Subjects

anticipatory bail
illegal sand mining
Section 482
Bhartiya Nyaya Sanhita
Bhartiya Nagrik Suraksha Sanhita
clean antecedent
presumption

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.345 of 2026
                     Arising Out of PS. Case No.-193 Year-2025 Thana- KAUWAKOL District- Nawada
                 ======================================================
           1.     Chotu Yadav @ Chotelal @ Chhotu Kumar S/O Bhola Yadav R/O Village-
                  Bhorambagh, PS- Kawakol, District- Nawada
           2.     Pappu Manjhi S/O Lalo Manjhi R/O Village- Bhorambagh, PS- Kawakol,
                  District- Nawada
                                                                        ... ... Petitioner/s
                                                Versus
                 The State of Bihar
                                                                 ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Muskan Singh
                 For the Opposite Party/s :      Mr.Ashok Kumar Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   21-01-2026                    Heard learned counsel for the petitioners and learned

                   A.P.P. for the State.

                                2. The petitioners apprehend their arrest in a case

                   registered for the offence under Sections 305(e), 317(4) of the

                   Bhartiya Nyaya Sanhita.

                                3. The informant alleges that a raid was conducted for

                   seizing illegally mined sand from Naki river and 15114 cft sand

                   was found illegally mined and the villagers disclosed the name

                   of petitioners and other co-accused persons. Informant further

                   alleges that the accused persons are liable for payment of fine

                   for illegally mined sand.

                                4. Learned counsel for the petitioners submits that

                   only on presumption, petitioners have been made accused in this

                   case. Informant has not disclosed the source of information as to
           Patna High Court CR. MISC. No.345 of 2026(2) dt.21-01-2026
                                                       2/2




                     who disclosed the name of petitioners and others, who are

                     involved in the illegal mining of sand. Similarly situated co-

                     accused persons have already been granted anticipatory bail by

                     a coordinate Bench of this Court, vide order dated 27.11.2025

                     passed in Cr.Misc. No. 76638 of 2025 (Annexure P/2).

                     Petitioners claim clean antecedent.

                                  5. Learned A.P.P. for the State has opposed the bail

                     petition.

                                  6. Considering the aforesaid facts and circumstances,

                     let the above named petitioners, in the event of their

                     arrest/surrender within a period of eight weeks from today, be

                     enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (ten

                     thousand) each with two sureties of the like amount each to the

                     satisfaction of learned Chief Judicial Magistrate, Nawada in

                     connection with Kawakol P.S. Case No. 193 of 2025, subject to

                     condition as laid down under Section 482 of the Bhartiya Nagrik

                     Suraksha Sanhita, 2023.



                                                        (Prabhat Kumar Singh, J)
anay

U      T

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