Patna High Court
Rakesh Yadav @ Rakesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
Holding
The Court granted anticipatory bail to the petitioner subject to prescribed conditions.
Summary
The petitioner, Rakesh Yadav, sought anticipatory bail fearing arrest in connection with FIR No. 506 of 2025 alleging offences under the Bharatiya Nyaya Sanhita, 2023 and the Arms Act related to illegal sand excavation and armed confrontation with police. The prosecution described a sand‑mafia operation involving tractors, armed bikers and stone‑pelting, leading to the seizure of vehicles and arrest of an associate. The petitioner contended that the FIR contained vague, omnibus allegations, no specific injury, and that he has a clean antecedent. The State opposed the bail, arguing the seriousness of the offences. The High Court, after considering the lack of concrete evidence and the petitioner’s clean record, granted anticipatory bail subject to conditions under Section 438 of the CrPC and Section 482 of the Bhartiya Nagarik Suraksha Sanhita.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 438 CrPC and Section 482 of the Bhartiya Nagarik Suraksha Sanhita
- Whether the allegations in the FIR are sufficient to deny anticipatory bail
- Whether the petitioner’s clean antecedent warrants the grant of bail
Legislation cited
- Arms Act — s. 27
- Bharatiya Nyaya Sanhita, 2023 — s. 109(1), 111, 115(2), 126(2), 132, 190, 191(2), 191(3), 324(2), 351(2), 352
- Bhartiya Nagarik Suraksha Sanhita — s. 482(2)
- Code of Criminal Procedure — s. 438(2)
Subjects
- anticipatory bail
- FIR
- sand mining
- illegal excavation
- criminal procedure
- Section 438
- Section 482
- Bharatiya Nyaya Sanhita
- Arms Act
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90347 of 2025
Arising Out of PS. Case No.-506 Year-2025 Thana- BELAGANJ District- Gaya
======================================================
Rakesh Yadav @ Rakesh Kumar S/O Kishori Yadav @ Kishor Yadav R/O
Village-Dalelchak, PS-Belaganj, Distt-Gaya
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Aryan Singh
For the Opposite Party/s : Mr.Lalan Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
2 15-01-2026 Heard the learned counsel for the petitioner and
learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in
connection with Belaganj P.S. Case No. 506 of 2025, F.I.R dated
28.08.2025 registered for the offences punishable under
Sections 126(2), 115(2), 191(2), 191(3), 190, 132, 109(1),
324(2), 352, 351(2) and 111 of the Bharatiya Nyaya Sanhita,
2023 and Section 27 of Arms Act.
3. According to prosecution case, on 28.08.2025 at
about 8:10 A.M., during patrolling, the informant received
information regarding illegal excavation and transportation of
sand by members of a criminal group using tractors, with bikers
monitoring the activity. On reaching the spot, one tractor fled
after detaching its trolley and spilling sand. At Dalelchak,
Patna High Court CR. MISC. No.90347 of 2025(2) dt.15-01-2026
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another tractor was intercepted, where a convoy of 10 to 12
armed bikers allegedly arrived and resorted to stone pelting to
retrieve the seized tractor. During the chase, one accused,
Upendra Yadav was apprehended. In absence of independent
witnesses, another tractor loaded with CFT sand was seized at
Imaliya Chak. It is further alleged that while returning, sand
mafias assaulted the police party to free the seized vehicles and
accused. On the basis of names provided by the local chaukidar,
the FIR was lodged against named and unknown persons.
4. Learned counsel for the petitioner by referring to the
allegations in the F.I.R submit that allegations are general and
omnibus while the injury which is said to have been caused, the
said report does not form part of the First Information Report,
while the petitioner has clean antecedent.
5. Learned APP for the State opposes the prayer for
anticipatory bail application.
6. Considering the aforesaid facts and circumstances,
accordingly, this Court is inclined to grant the privilege of
anticipatory bail to the petitioner.
7. Let the petitioner, above named, in the event of
his/her 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
Patna High Court CR. MISC. No.90347 of 2025(2) dt.15-01-2026
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satisfaction of the learned Chief Judicial Magistrate, Gaya in
connection with Belaganj P.S. Case No. 506 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) one of the bailors should be the family
member/relative of the petitioner(s) who shall provide official
document to show his/her bona fide;
(ii) the petitioner(s) shall appear on each and every
date before the Trial Court and failure to do so for two
consecutive dates without plausible reason will entail
cancellation of his/her/their bail bond by the Trial Court itself;
(iii) the petitioner(s) shall in no way try to induce or
promise or threat the witnesses or tamper with the evidences,
failing which the State shall be at liberty to take steps for
cancellation of the bail bonds;
(iv) the petitioner(s) shall desist from committing any
criminal offence again, failing which the State shall be at liberty
to take steps for cancellation of their bail bonds.
(Ajit Kumar, J)
abhishekkr/-
U T
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