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Patna High Court

Binod Kumar @ Binod YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted regular bail to the petitioner, directing release upon furnishing a bond with sureties.

Summary

The petitioner, Binod Kumar, was arrested in connection with an alleged illegal sand‑mining operation on the Niranjana river, during which police attempting to seize sand‑laden tractors were attacked with lathis, bricks and stones. The prosecution charged him under sections 191(2), 190, 126(2), 111(1), 121(2), 132 and 109 of the Bihar Police Act. The petitioner contended that he was falsely implicated based solely on a confessional statement of a local watchman and that the allegations were vague and omnibus, with no specific overt act attributed to him. He also highlighted that co‑accused persons in similar circumstances had already been granted bail by the same court. Considering the lack of prior criminal record, the general nature of the accusation and the precedent of bail to co‑accused, the court ordered his release on regular bail upon furnishing a bond of Rs.10,000 with two sureties.

Issues considered

  • Whether the petitioner is entitled to regular bail despite charges under multiple sections of the Bihar Police Act.
  • Whether the allegations against the petitioner are sufficiently specific to deny bail.

Subjects

  • bail
  • illegal sand mining
  • assault on police
  • criminal procedure
  • Bihar Police Act
  • sections 191,190,126,111,121,132,109

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.7459 of 2026
                      Arising Out of PS. Case No.-221 Year-2025 Thana- MOHANPUR District- Gaya
                 ======================================================
                 Binod Kumar @ Binod Yadav S/O Karu Yadav R/O Village- Pathaluwa, P.S.-
                 Mohanpur, Dist.- Gaya

                                                                                ... ... Petitioner/s
                                                      Versus
           1.    The State of Bihar Bihar
           2.    The Mining Dept. Bihar Patna

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Subodh Kumar Barnwal, Advocate
                 For the Opposite Party/s :      Mr.Shailendra Kumar Singh, APP
                 For the Mines            :      Mr. Naresh Dikshit, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   06-02-2026                       Heard learned counsel for the petitioner, learned

                   APP for the State and also learned counsel for the Mining.

                                2. The petitioner has prayed for regular bail in a case

                   registered for the offence punishable under sections 191 (2),

                   190, 126 (2), 111 (1), 121 (2), 132, 109 of the BNS.

                                3.     The case of the prosecution, in short, is that

                   illegal sand mining was being carried out from the Niranjana

                   river. When the informant reached the spot, he found that 8-10

                   tractors with trailers were being illegally loaded with sand

                   illegally by labourers. Thereafter, the informant along with other

                   police personnel tried to apprehend the miscreants but they fled

                   away. Informant seized the tractor and he was bringing the said

                   vehicle to the police station. In the meantime, the petitioner
Patna High Court CR. MISC. No.7459 of 2026(2) dt.06-02-2026
                                            2/3




          along with other co-accused persons armed with ‘lathi’,

          ‘danda’, ‘bricks’ and ‘stones’ attacked on them due to which

          they received injuries. Thereafter, all the accused persons fled

          away from the place of occurrence.

                       4. Learned counsel for the petitioner submits that the

          petitioner is innocent and has falsely been implicated in

          connection with the present case. It is further submitted that the

          name of the petitioner has surfaced in this case on the basis of

          the confessional statement of local ‘chodkidar’. It is further

          submitted that the nature of allegation is general and omnibus.

          There is no specific allegation of overt act against the petitioner.

          It is contended that similarly situated co-accused, namely,

          Vikash Yadav @ Vikash Kumar has been extended the privilege

          of bail vide order dated 08.12.2025 passed in Cr. Misc. No.

          82102 of 2025 by a co-ordinate Bench of this Court. It is

          further submitted that similarly situated co-accused has since

          been extended the privilege of bail by a Bench of this Court vide

          order dated 12.01.2026 passed in Cr. Misc. No. 87344 of 2025.

          Moreover, the petitioner is languishing in judicial custody since

          21.09.2025 having no criminal antecedent.

                       5. Learned APP appearing for the State has opposed

          the prayer of regular bail.
            Patna High Court CR. MISC. No.7459 of 2026(2) dt.06-02-2026
                                                        3/3




                                   6. Considering the aforesaid facts and circumstances

                      of the case, this court is inclined to enlarge the petitioner on

                      bail. The above named petitioner is directed to be released on

                      bail in connection with Mohanpur P.S. Case No. 221 of 2025 on

                      furnishing bail bond of Rs.10,000/- (ten thousand) with two

                      sureties of the like amount each to the satisfaction of learned

                      ACJM-II, Sherghati, Gaya.



                                             (Ashok Kumar Pandey, J)
Jagdish/-

U       T


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