Patna High Court
Bajrangi YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSUL
Holding
The court grants bail to the petitioner.
Summary
The petitioner, Bajrangi Yadav, was arrested for allegedly intercepting a seized tractor along with fifteen others, causing a revenue loss of Rs. 60,71,262 to the government. He was charged under several sections of the Bihar Negotiable Statutes, 2023, the Bihar Minerals Concessions Prevention of Illegal Mining Transportation and Storage Rule, 2019, and the Environment Protection Act, 1986, and has been in custody since 30 March 2026 with a charge‑sheet already filed. The petitioner applied for bail, arguing his prolonged detention, while the State opposed the relief. The court, noting the custody duration and the filing of the charge‑sheet, decided to grant bail. Bail was ordered on a bond of Rs. 10,000 with two sureties of the same amount, subject to the satisfaction of the Chief Judicial Magistrate, Banka. The court clarified that its observations were prima facie and would not affect the merits of the trial.
Issues considered
- Whether bail should be granted to the petitioner despite the serious nature of the offences alleged under the Bihar Negotiable Statutes, the Minerals Concessions Rule and the Environment Protection Act.
Legislation cited
- Bihar Minerals Concessions Prevention of Illegal Mining Transportation and Storage Rule, 2019 — s. 11, 43, 56
- Bihar Negotiable Statutes, 2023 — s. 121(2), 132, 191(2), 191(3), 303(2)
- Environment (Protection) Act, 1986 — s. 15
Subjects
- bail
- illegal mining
- theft of government property
- environmental law
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36381 of 2026
Arising Out of PS. Case No.-149 Year-2026 Thana- AMARPUR District- Banka
======================================================
Bajrangi Yadav S/o Radhey Yadav Resident of Village- Jaithore Kanhaiya,
P.S.- Amarpur, District- Banka
... ... Petitioner/s
Versus
1. The State of Bihar Bihar
2. The Director of Mines and Mineral Department, Bihar, Patna Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Brij Nandan Prasad, Advocate
For the Opposite Party/s : Mr.Md. Aslam Ansari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ANSUL
ORAL ORDER
3 08-07-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner seeks bail in Amarpur P.S. Case No.
149 of 2026 registered for the offences under Sections 191(2),
191(3), 121(2), 132, 303(2) of BNS, 2023, Sections 11, 43 and
56 of Bihar Minerals Concessions Prevention of Illegal Mining
Transportation and Storage Rule, 2019 and Section 15 of the
Environment Protection Act, 1986.
3. The allegation is that the Mines Department seized
a tractor. The petitioner, along with fifteen other persons,
intercepted them and managed to flee. It is alleged that the
Government suffered a revenue loss of Rs. 60,71,262/-.
4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.36381 of 2026(3) dt.08-07-2026
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petitioner has been in custody since 30.03.2026 and the charge-
sheet has already been submitted.
5. Learned Additional Public Prosecutor for the State
has vehemently opposed the prayer for bail of the petitioner.
6. Considering that the petitioner has been in custody
since 30.03.2026 and the charge-sheet has already been
submitted, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner, above named, be released on
bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand)
with two sureties of the like amount each to the satisfaction of
the Chief Judicial Magistrate, Banka in connection with
Amarpur P.S. Case No. 149 of 2026.
8. It is made clear that any observation made herein
is prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
manner.
(Ansul, J)
Vikash/-
U T
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