Patna High Court
Krishn Yadav @ Krishna YadavversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
Anticipatory bail was not granted; the application was dismissed.
Summary
Krishn Yadav applied for anticipatory bail after being implicated in a criminal case (PS Case No. 143 of 2025) alleging illegal mining under Sections 303(2) and 317(2) of the B.N.S., Section 21 of the M.M. (D&R) Act, 1957 and Section 56 of the B.M. (CPIMTS) amendment Rules, 2019. The petitioner claimed innocence and no prior criminal record, while the State opposed the bail. The Court examined the seriousness of the allegations and the risk of tampering with evidence. It concluded that the circumstances did not merit anticipatory bail and dismissed the application. The petitioner was ordered to surrender within two weeks and seek regular bail, failing which the police would arrest him.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the allegations of illegal mining and the specific statutory provisions invoked.
Legislation cited
- B.N.S. — s. 303(2), 317(2)
Subjects
- anticipatory bail
- illegal mining
- criminal procedure
- bail jurisdiction
- arrest
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88503 of 2025
Arising Out of PS. Case No.-143 Year-2025 Thana- MAGADH UNIVERSITY District- Gaya
======================================================
Krishn Yadav @ Krishna Yadav S/o Ramdev Yadav R/o Village- Gaura, P.S.-
Magadh University, District-Gaya Ji
... ... Petitioner/s
Versus
1. The State of Bihar
2. The Mining Department, Patna, Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sudhir Kumar Sinha, Advocate
For the Mines Dept : Mr. Naresh Dikshit, Spl.P.P., Mines
Ms.Shruti Singh, Advocate
For the Opposite Party/s : Mr.Md. Shakir Ahmad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 15-01-2026 Heard learned counsel for the petitioner, learned
counsel for the Mines Department and learned A.P.P. for the
State.
2. The petitioner apprehends arrest in connection
with Magadh University P.S. Case No. 143 of 2025 instituted
under Sections 303(2), 317(2) of the B.N.S. and 21 M.M.
(D&R) Act, 1957 and Section 56 of B.M. (CPIMTS)
amendment Rules, 2019.
3. As per the prosecution case, petitioner is alleged
to have involved in illegal mining.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has been falsely implicated in this
Patna High Court CR. MISC. No.88503 of 2025(2) dt.15-01-2026
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case. Petitioner has no criminal antecedent.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
6. Considering the allegations levelled against the
petitioner, I am not inclined to grant anticipatory bail to the
petitioner.
7. Accordingly, this application stands dismissed.
8. The petitioner is directed to surrender within two
weeks from today and pray for regular bail, failing which the
Senior Superintendent of Police, Gaya Jee will take all steps for
arrest of the petitioner.
9. Let a copy of this order be communicated to the
Senior Superintendent of Police, Gaya Jee through FAX or e-
mail for its compliance.
(Sandeep Kumar, J)
tusharika/-
U T
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