Patna High Court
Baiju @ Baiju Yadav @ Baidyanath Yadav @ Vaidhanath YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court held that pre‑arrest bail could not be granted to the petitioners.
Summary
Petitioners Baiju Yadav and his wife Lalwati Devi were accused of transporting illegal white sand in a tractor, leading to a seizure and alleged revenue loss of Rs. 1,10,850. The prosecution alleged that the tractor was seized on 19-02-2025 and that miscreants freed it from police custody. The petitioners sought pre‑arrest bail, invoking sections 132, 303(2) and 352 of the Bihar Non‑Statutory (BNS) Act. The court examined the seriousness of the offences, the ownership of the vehicle, and the financial loss to the government. Considering the gravity of the allegations, the bench rejected the bail application. Consequently, the petition for pre‑arrest bail was dismissed.
Issues considered
- What is the appropriate decision on the petition for pre‑arrest bail in light of the alleged offences under sections 132, 303(2) and 352 of the BNS Act?
Subjects
- pre‑arrest bail
- illegal sand mining
- revenue loss
- BNS Act
- sections 132, 303(2), 352
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.63648 of 2025
Arising Out of PS. Case No.-20 Year-2025 Thana- LAUKAHA District- Madhubani
======================================================
1 . Baiju @ Baiju Yadav @ Baidyanath Yadav @ Vaidhanath Yadav S/o
Kamaldev Yadav R/o Village - Bandarjhuli, P.S - Laukaha, District -
Madhubani, State- Bihar
2. Lalwati Devi @ Lalvati Devi W/o Kamaldev Yadav R/o Village -
Bandarjhuli, P.S - Laukaha, District - Madhubani, State- Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shivnandan Bharti , Advocate
For the Opposite Party/s : Mr. Syed Ehteshamuddin, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
4 08-01-2026 Heard learned counsel for the petitioners and the
State .
2. Petitioners apprehends arrest in a case registered
for the offence punishable under sections 132, 303 ( 2 ) and 352
of BNS.
3 . As per the prosecution case , informant namely,
Ashwini Kumar alleged that on 19.02.2025 at about 2:30 PM,
during inspection, a tractor was seized loaded with 110 CFT
illegal white sand along with invalid challan. It is further alleged
that while taking the aforesaid vehicle to police station, some
unknown miscreants gathered and forcibly released the tractor
from police custody . Petitioner No. 2 is owner of the tractor and
Patna High Court CR. MISC. No.63648 of 2025(4) dt.08-01-2026
2/2
petitioner No. 1 is husband of petitioner No. 2 and they have
caused revenue loss of Rs. 1,10,850/- to the government.
4. Considering the nature of accusation and gravity of
offence and also the fact that petitioners are owner of the alleged
vehicle , prayer for pre-arrest bail of the petitioners is rejected.
(Prabhat Kumar Singh, J)
Koushik/-
U T
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