Patna High Court
Kailu Yadav @ Kailu KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- Code of Criminal Procedure, 1973 — s. 482
- Indian Penal Code — s. 109, 121, 126, 132, 190, 191
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
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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
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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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