Patna High Court
Aruni Yadav @ Arun YadavversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
Anticipatory bail was denied because the allegations were serious and the petitioner’s antecedents did not justify such relief.
Summary
Aruni Yadav applied for anticipatory bail after being implicated in a case registered under Sections 379, 411, 34 of the Indian Penal Code, Section 21 of the Mines and Minerals (Development and Regulation) Act, 1957, and Section 56 of the BM (CPIMTS) Amendment Rule, 2021 for alleged illegal sand mining. The prosecution alleged that the petitioner was involved in illegal sand extraction and that he faced six additional serious charges. The petitioner feared arrest and sought protection through anticipatory bail. The Court examined the seriousness of the allegations and the petitioner’s antecedents and concluded that the circumstances did not merit the grant of anticipatory bail. Consequently, the application for anticipatory bail was dismissed and the petitioner was ordered to surrender within four weeks and apply for regular bail, failing which the police were directed to arrest him.
Issues considered
- Whether anticipatory bail should be granted to the petitioner in view of the alleged illegal sand mining and other serious charges
Legislation cited
- Indian Penal Code — s. 34, 379, 411
- Mines and Minerals (Development and Regulation) Act, 1957 — s. 21
Subjects
- anticipatory bail
- illegal mining
- sand mining
- Indian Penal Code
- bail jurisprudence
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.73539 of 2024
Arising Out of PS. Case No.-55 Year-2024 Thana- NIMCHAKBATHANI District- Gaya
======================================================
1. Aruni Yadav @ Arun Yadav Son of Rambriksh Yadav Resident of Village-
Bandi Tola, Kalyanpur, P.S.- Neemchak Bathani, District- Gaya
... ... Petitioner/s
Versus
1. The State of Bihar
2. The District Mining Officer, Gaya District - Gaya
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Gajendra Kumar Singh
For the Opposite Party/s : Mr.Syed Mojibur Rahman
For the Mining Dept. : Mr. Naresh Dixit, Spl. P.P.
Mrs. Kalpana
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
4 09-02-2026 Heard learned counsel for the petitioner, learned
counsel for the Mining Department and learned APP for the
State.
2. The petitioner apprehends his arrest in
connection with Neemchak Bathani P.S. Case No. 55 of 2024
registered for the offence under Sections 379, 411, 34 of the
Indian Penal code and under Section 21 MM (D and R) Act,
1957 and under Section 56 BM (CPIMTS) Amendment Rule,
2021.
3. As per the prosecution case, the petitioner is
alleged to have done illegal mining of sand.
4. The petitioner is accused in six more serious
Patna High Court CR. MISC. No.73539 of 2024(4) dt.09-02-2026
2/2
cases.
5. Considering the serious allegations and the
antecedents of the petitioner, this Court is not inclined to grant
anticipatory bail to the petitioner.
6. Accordingly, this application for anticipatory
bail is dismissed.
7. The petitioner is directed to surrender in the
Court below within four weeks from today and pray for regular
bail failing which the Senior Superintendent of Police, Gaya
will take all steps for arrest of the accused person/s including
the petitioner.
8. Let a copy of this order this order be
communicated to the Senior Superintendent of Police, Gaya
through FAX for its compliance.
(Sandeep Kumar, J)
Vikas/-
U
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