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Patna High Court

Ashok YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted anticipatory bail to the petitioner, subject to prescribed bond and conditions.

Summary

Ashok Yadav applied for anticipatory bail after an FIR was lodged under Sections 305(E) and 317(2) of the Bharatiya Nyaya Sanhita, 2023 for allegedly transporting sand without permission. The police seized two sand‑laden tractors and prepared a seizure list, which the petitioner contended was illegal because he possessed a valid mining department challan for the sand and the seizure violated Sections 103 and 105 of the B.N.S.S. The petitioner also highlighted his clean criminal record. The State opposed the bail. The High Court, noting the existence of a valid challan and the petitioner’s lack of antecedents, granted anticipatory bail subject to a Rs.10,000 bond, two sureties, and conditions under Section 438(2) of the CrPC and Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita, including appearance before the trial court and non‑interference with witnesses.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Section 438 of the CrPC given the alleged offences under the Bharatiya Nyaya Sanhita.
  • Whether the seizure of the sand‑laden vehicles was lawful in view of the petitioner’s valid mining challan and alleged violations of Sections 103 and 105 of the B.N.S.S.

Legislation cited

Subjects

  • anticipatory bail
  • section 438 CrPC
  • section 482 B.N.S. Sanhita
  • sand transport
  • seizure legality
  • clean antecedent
  • mining challan

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.42501 of 2026
                    Arising Out of PS. Case No.-209 Year-2026 Thana- WARISLIGANJ District- Nawada
                 ======================================================
                 Ashok Yadav S/O Chandrika Yadav Resident of Village- Mudlachak, PS-
                 Warisaliganj, District- Nawada,
                                                                       ... ... Petitioner/s
                                                 Versus
                 The State of Bihar Bihar
                                                                ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Man Mohan Kumar, Advocate
                 For the Opposite Party/s :      Mr.Jitendra Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
                                       ORAL ORDER

2   01-07-2026                      Heard the learned counsel for the petitioner and

                   learned Additional Public Prosecutor for the State.

                               2. The petitioner is apprehending his arrest in

                   connection with Warisaliganj P.S. Case No. 209 of 2026 F.I.R

                   dated 26.03.2026 registered for the offences punishable under

                   Sections 305 (E) & 317 (2) of Bharatiya Nyaya Sanhita, 2023.

                               3.    According to prosecution case, on 26.03.2026

                   around 10:00 A.M. the informant, PSI, Warisaliganj, during

                   patrolling duty and vehicle checking, found two tractors loaded

                   with sand attempting to flee from the spot. Upon being chased,

                   the drivers managed to escape and left the tractors abandoned.

                   During search one vehicle, bearing Reg. No. BR27GA-2370

                   found loaded with 30 cft sand and the another one, bearing Reg.

                   No. BR27G-5476 found loaded with 100 cft. Sand and both the

                   vehicles were seized and, thereafter, seizure list was prepared in
Patna High Court CR. MISC. No.42501 of 2026(2) dt.01-07-2026
                                            2/3




          accordance with law.

                      4. Learned counsel for the petitioner, by referring to

          the challans issued by the Mining Department, which is

          appended with the Anticipatory Bail Application as annexure-

          P/2, submits that the petitioner holds a valid challan for carrying

          the sand, which is said to have been seized under the

          Warisaliganj P.S. Case No. 209 of 2026. It has next been

          submitted that the instant F.I.R. is said to have been registered

          for illegal demand, which was being made by the Police

          officials and for non-fulfillment the instant case has been

          registered. It has also been submitted that the seizure list, which

          has been prepared, is in violation of the Sections 103 & 105 of

          the B.N.S.S., and only the Police officials are witness to the

          seizure. The petitioner has clean antecedent.

                      5. Learned APP for the State opposes the prayer for

          anticipatory bail in respect of the petitioner.

                       6. Considering the fact that there is already a valid

          challan issued for carrying the sand and the petitioner having no

          criminal antecedent, this Court is inclined to grant the privilege

          of anticipatory bail to the petitioner.

                       7. Let the petitioner, above named, in the event of

          his/her arrest or surrender before the Court below within a
            Patna High Court CR. MISC. No.42501 of 2026(2) dt.01-07-2026
                                                        3/3




                      period of thirty days from the date of receipt of the order, be

                      released on bail on furnishing bail bond of Rs. 10,000/- (Ten

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

                      satisfaction of the learned Additional Sessions Judge-IX,

                      Nawada in connection with the aforesaid P.S. Case, subject to

                      the conditions as laid down under Section 438(2) of the Code of

                      Criminal Procedure / Section 482(2) of the Bhartiya Nagarik

                      Suraksha Sanhita and with other following conditions:-

                                                 (i) one of the bailors should be the family
                                      member/relative/known of the petitioner(s) who
                                      shall provide official document/personal affidavit
                                      to show his/her bona fide;
                                                 (ii) the petitioner(s) shall appear on each
                                      and every date before the Trial Court and failure to
                                      do so for two consecutive dates without plausible
                                      reason will entail cancellation of his/her/their bail
                                      bond by the Trial Court itself;
                                                 (iii) the petitioner(s) shall in no way try
                                      to induce or promise or threat the witnesses or
                                      tamper with the evidences, failing which the State
                                      shall be at liberty to take steps for cancellation of
                                      the bail bonds;
                                                 (iv) the petitioner(s) shall desist from
                                      committing any criminal offence again, failing
                                      which the State shall be at liberty to take steps for
                                      cancellation of their bail bonds.



                                                                           (Ajit Kumar, J)
surya/-
U       T


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