Patna High Court
Ashok YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
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
- Bharatiya Nyaya Sanhita, 2023 — s. 103, 105, 305(E), 317(2)
- Bhartiya Nagarik Suraksha Sanhita — s. 482(2)
- Code of Criminal Procedure — s. 438(2)
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
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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
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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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