Patna High Court
Manish Yadav @ Manish KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail may be granted where the accusation rests merely on suspicion and no material directly links the petitioner to the alleged offence.
Summary
Manish Yadav was arrested in connection with an illegal sand‑mining case (PS No.143 of 2025) alleging violations of Sections 303(2) and 317(2) of the Bhartiya Nyay Sanhita, the 21 M.M. (D&R) Act, 1957 and Section 56 of the BM (CPIMTS). The petitioner contended that he was falsely implicated, not the owner of the seized tractor, and that the case rested only on suspicion without any substantive material. The prosecution opposed bail, citing the petitioner’s alleged involvement and a prior criminal antecedent. The court examined the lack of concrete evidence and, applying Section 438(2) of the CrPC and Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita, granted bail on a cash bond with strict conditions. The order directed the lower court to verify the petitioner’s antecedents and stipulated cancellation of bail for non‑co‑operation, evidence tampering or concealment of criminal history.
Issues considered
- Whether bail should be granted when the accusation is based solely on suspicion and lack of substantive evidence.
- Whether the petitioner’s non‑ownership of the vehicle and alleged criminal antecedent preclude bail.
- How Sections 438(2) CrPC and 482(2) Bhartiya Nagarik Suraksha Sanhita apply to the bail application.
Legislation cited
- Bhartiya Nagarik Suraksha Sanhita — s. 482(2)
- Bhartiya Nyay Sanhita, 2023 — s. 303(2), 317(2)
- Code of Criminal Procedure — s. 438(2)
Subjects
- bail
- illegal sand mining
- suspicion
- criminal antecedent
- Section 438 CrPC
- Section 482 Bhartiya Nagarik Suraksha Sanhita
- evidence
- ownership
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87352 of 2025
Arising Out of PS. Case No.-143 Year-2025 Thana- MAGADH UNIVERSITY District- Gaya
======================================================
Manish Yadav @ Manish Kumar S/O Bhola Yadav R/O Village- Haridaspur,
P.S.- Magadh University, Dist.- Gaya Ji
... ... 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. Vinod Shanker Modi , APP
For the Mines Dept : Mr. Naresh Diskhit, Spl.PP
: Mr. Brij Bihari Tiwary, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 12-01-2026 Heard Mr. Sudhir Kumar Sinha, learned counsel for
the petitioner, Mr. Vinod Shanker Modi, learned Additional
Public Prosecutor for the State and Mr. Naresh Dikshit learned
counsel for the Mines Department.
2. The petitioner is apprehending his arrest in
connection with Magadh University P.S. Case No. 143 of 2025,
F.I.R. dated 14.06.2025 for the offences punishable under
Sections 303(2), 317(2) of the Bhartiya Nyay Sanhita, 2023 &
21 M.M. (D&R) Act, 1957 & 56 of BM (CPIMTS).
3. As per the First Information Report, the informant
alleged that when he along with other police personnel were
raiding against illegal loading, unloading, transporting sand near
Patna High Court CR. MISC. No.87352 of 2025(2) dt.12-01-2026
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Falgu River, found one tractor loaded with illegal sands and
seized the same. It is further alleged that this petitioner along
with other persons were involved in illegal sand mining.
4. Learned counsel for the petitioner submits that
petitioner is innocent and he has falsely been implicated in the
present case. He is not the owner of the vehicle in question from
which the sand has been recovered and he has been made
accused merely on the basis of suspicion and except the
suspicion, no other cogent material has come during
investigation which suggest that the petitioner is involved in the
present crime in question.
5. The learned Additional Public Prosecutor as well as
learned counsel for the Mines Department have vehemently
opposed the prayer for bail of the petitioner and submits that the
petitioner was involved in the present crime in question and
apart from that the petitioner carries one criminal antecedent
other than the present one but fairly submits on the basis of
paragraph-3 of the bail application that the petitioner is on bail
in the said matter.
6. Considering the aforesaid facts and circumstances,
petitioner has been made accused merely on the basis of
suspicion and he is not the owner of the vehicle in question, let
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the petitioner, above named, in the event of arrest or surrender
before the court below within a period of thirty days from the
date of receipt of the order, be released on bail on furnishing
bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of
the like amount each to the satisfaction of the learned A.C.J.M-
VIII, Gayaji in connection with Magadh University P.S. Case
No. 143 of 2025, subject to the conditions as laid down under
Section 438(2) of the Code of Criminal Procedure / Section
482(2) of the Bhartiya Nagarik Suraksha Sanhita and with other
following conditions:-
i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
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cancellation of bail bond of the petitioner. However, the
acceptance of bail bond in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Suruchi/-
U T
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