Patna High Court
Suman Yadav @ Suman KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The Court allowed the anticipatory bail application, directing release on bail with conditions under Section 482(2) of the B.N.S.S.
Summary
The petitioner, Suman Yadav, applied for anticipatory bail anticipating arrest in a case registered under Sections 303(2), 317(2) and 111 of the B.N.S. for alleged illegal mining of stone chips and seizure of tractors. He argued that he is not named in the FIR, the seized tractors do not belong to him, and the stone chips were later stolen, making the allegations against him untenable. The State opposed the bail, contending that the FIR was filed under Section 111 B.N.S. The Court examined the submissions, noted that a similar anticipatory bail had been granted to another accused (Udesh Kumar), and found no sufficient ground to deny bail. Accordingly, the Court directed that the petitioner be released on bail upon furnishing a bond of Rs.10,000 with two sureties, subject to conditions under Section 482(2) of the B.N.S.S., and allowed the application.
Issues considered
- Whether anticipatory bail should be granted to the petitioner who is not named in the FIR and claims no involvement in the alleged illegal mining.
- Whether the allegations under Section 111 of the B.N.S. are sufficient to deny bail.
- Whether the prior grant of anticipatory bail to another accused influences the present application.
Legislation cited
Subjects
- anticipatory bail
- FIR
- illegal mining
- Section 111
- Section 482
- bail conditions
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6290 of 2026
Arising Out of PS. Case No.-38 Year-2025 Thana- RAJAOLI District- Nawada
======================================================
Suman Yadav @ Suman Kumar S/o Ramswarup Yadav @ Ramswaroopm
Prasad Yadav Resident of village - Manjhala, P.S. - Rajauli, District - Nawada
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Raj Kumar
For the Opposite Party/s : Mr.Binod Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 30-04-2026 1. Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks bail in anticipation of his
arrest in a case registered for the offences punishable under
Sections 303(2), 317(2) and 111 of the B.N.S.
3. The learned counsel for the petitioner submits that
the petitioner has antecedent of one case and the informant
alleges that 3500 CFT of stone chips along with seven tractors
were recovered from the place of occurrence, accordingly the
instant FIR was instituted alleging that accused were involved in
illegal mining.
4. The learned counsel for the petitioner submits that
petitioner is not named in the FIR nor the tractors which were
seized from the place of occurrence belongs to him. It is also
Patna High Court CR. MISC. No.6290 of 2026(2) dt.30-04-2026
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submitted that seized tractors have already been released by the
police in favour of their owners. It is also submitted that seized
stone chips were subsequently stolen for which Rajauli P. S.
Case No. 41 of 2025 was instituted but then the petitioner was
not an accused in the said FIR. It is also submitted that no doubt
the FIR has been instituted under Section 111 BNS, but then in
the nature of allegations as alleged in the FIR, no offence under
Section 111 of B.N.S. against the petitioner is made out. It is
also submitted that Udesh Kumar had approached this Court
seeking anticipatory bail by filing Cr. Misc. No.66710 of 2025
and the same came to be allowed by an order dated 01.11.2025.
5. Learned A.P.P. opposes the anticipatory bail
application.
6. Considering the submissions made by the learned
counsel for the petitioner, the petitioner, above-named, in the
event of his arrest or surrender before the learned Court below
within a period of six weeks, is directed to be released on bail
on his furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees
Ten Thousand) with two sureties of the like amount each to the
satisfaction of the learned Trial Court where the case is
pending/successor Court in connection with Rajauli P. S. Case
No.38 of 2025, subject to the conditions laid down under
Patna High Court CR. MISC. No.6290 of 2026(2) dt.30-04-2026
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Section 482(2) of the B.N.S.S.
7. The application stands allowed.
(Satyavrat Verma, J)
vikash/-
U T
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