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Patna High Court

Kailu Yadav @ Kailu KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted provisional anticipatory bail to the petitioners, subject to verification of their criminal antecedents.

Summary

The petitioners, five Yadavs from Gaya, applied for anticipatory bail after being named in an FIR for offences under IPC sections 191(2), 190, 126(2), 121(2), 132 and 109, stemming from a police raid on illegal sand mining where a sand‑mafia allegedly attacked police personnel. They contended that they have clean antecedents and that the chaukidar’s identification of them was unreliable, distinguishing their case from a prior anticipatory bail denial to Anuj Singh. The State opposed the bail application. The Court examined the nature of the allegations, the petitioners’ clean record, and the earlier precedent, and granted provisional anticipatory bail subject to a bond of Rs.25,000 with two sureties each, to be confirmed after the trial court verifies their antecedents. If any criminal antecedent is discovered, the provisional bail will not be confirmed; otherwise it will be confirmed, pursuant to Section 482(2) of the CrPC.

Issues considered

  • Whether anticipatory bail should be granted to the petitioners despite the FIR alleging offences under IPC sections 191(2), 190, 126(2), 121(2), 132 and 109
  • Whether the identification by the chaukidar is sufficient to sustain the bail application
  • Whether the prior denial of anticipatory bail to Anuj Singh is analogous to the present case

Legislation cited

Subjects

  • anticipatory bail
  • sand mining raid
  • IPC offences
  • clean antecedent
  • chaukidar identification
  • Section 482 CrPC
  • provisional bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.75951 of 2025
                      Arising Out of PS. Case No.-221 Year-2025 Thana- MOHANPUR District- Gaya
                 ======================================================
           1.     Kailu Yadav @ Kailu Kumar Son of Late Mukhi Yadav R/o Village - Mokari
                  Haridas, P.S.- Magadh University, Dist. - Gaya.
           2.    Sonu Yadav Son of Baliram Yadav R/o Village - Mokari Haridas, P.S.-
                 Magadh University, Dist. - Gaya.
           3.    Chandradeo Yadav @ Nanku Yadav Son of Narayan Yadav R/o Village -
                 Mokari Haridas, P.S.- Magadh University, Dist. - Gaya.
           4.    Mahendra Yadav @ Shushil Yadav Son of Bhola Yadav R/o Village - Mokari
                 Haridas, P.S.- Magadh University, Dist. - Gaya.
           5.     Manish Yadav @ Manish Kumar Son of Bhola Yadav R/o Village - Mokari
                  Haridas, P.S.- Magadh University, Dist. - Gaya.
                                                                         ... ... Petitioner/s
                                                    Versus
                 The State of Bihar
                                                                  ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Sudhir Kumar Sinha, Advocate
                 For the Opposite Party/s :      Mr. Madan Kumar, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   05-01-2026                  1. Heard learned counsel for the petitioners and learned

                   A.P.P. for the State.

                                2. The petitioners apprehend their arrest in a case

                   registered for the offences punishable under Sections 191(2), 190,

                   126(2), 121(2), 132 and 109 of the BNS.

                                3. Learned counsel for the petitioners submits that

                   petitioners are persons with clean antecedent and the informant

                   alleges that on 10.06.2025 the police force reached Niranjana

                   River to raid illegal sand mining and liquor, when 8-10 accused

                   persons, on seeing the police, fled away, accordingly, the force was

                   coming back to the police station with the seized tractor laden with
Patna High Court CR. MISC. No.75951 of 2025(2) dt.05-01-2026
                                            2/3




          sand when Sand Mafia attacked the force causing injury,

          accordingly, they fled leaving the tractor and local people and

          Chawkidar subsequently, disclosed the name of the accused

          persons including the petitioners.

                       4. Learned counsel for the petitioners, at the outset,

          submits that Anuj Singh @ Anuj Kumar Singh had approached

          this Court seeking anticipatory bail by filing Cr. Misc. No. 79851

          of 2025 and the same came to be rejected by an order dated

          08.12.2025 but then it is submitted that case of Anuj Singh @ Anuj

          Kumar Singh was rejected on the ground that he was implicated

          earlier in a case relating to organized crime. It is reiterated and

          submitted that petitioners are persons with clean antecedent, as

          such, the case of the petitioners is not akin or similar to the case of

          Anuj Singh @ Anuj Kumar Singh. It is further submitted that from

          perusal of the allegation as alleged in the FIR, it would manifest

          that the allegation of assault is general and omnibus in nature. It is

          next submitted that petitioners came to be implicated at the

          instance of the Chawkidar but then it is not possible that

          Chawkidar with such precision could have named all the accused

          persons who were present at the place of occurrence. It is also

          submitted that even the injury suffered by the police personnel has

          been opined to be simple in nature.

                       5. Learned A.P.P. for the State opposes the prayer for
           Patna High Court CR. MISC. No.75951 of 2025(2) dt.05-01-2026
                                                       3/3




                     anticipatory bail of the petitioners.

                                  6. Considering the submissions made by the learned

                     counsel for the petitioners, let the petitioners above-named, in the

                     event of their arrest or surrender before the learned trial court

                     within a period of six weeks from today, be released on

                     provisional anticipatory bail on furnishing bail bonds of

                     Rs.25,000/- (Rupees Twenty-five Thousand) each 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 Mohanpur P.S. Case No. 221 of 2025, subject to

                     the conditions as laid down under Section 482(2) of the BNSS.

                                  7. The learned trial court shall thereafter verify the

                     criminal antecedents of the petitioners and if it is found that

                     petitioners have antecedent of even one case in that event the

                     provisional anticipatory bail shall not be confirmed with respect to

                     those petitioners against whom criminal antecedents are found but

                     if it is found that petitioners are persons with clean antecedent in

                     that event the learned trial court shall confirm the provisional

                     anticipatory bail bonds forthwith.


                                                                          (Satyavrat Verma, J)

Kundan/-

U     T


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