Krishna Yadav @ Krishana Prasad Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14460 of 2026 Arising Out of PS. Case No.-193 Year-2025 Thana- KAUWAKOL District- Nawada ====================================================== 1.
Krishna Yadav @ Krishana Prasad Yadav S/o Late Jago Yadav R/o Village - Bhorambag, P.O - Itpakwa, P.S - Kawakol, District - Nawada, Pin - 805106 2.
Gorelal Yadav @ Gorelal Kumar @ Gorela Yadav S/o Krishna Yadav @ Krishana Prasad Yadav R/o Village - Bhorambag, P.O - Itpakwa, P.S - Kawakol, District - Nawada, Pin - 805106 3.
Chhotu Kumar @ Gunjan Kumar S/o Jawahar Yadav @ Hero Yadav R/o Village - Bhorambag, P.O - Itpakwa, P.S - Kawakol, District - Nawada, Pin - 805106 ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Muskan Singh, Advocate For the Opposite Party/s :
Mr. Chandra Bhushan Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 08-05-2026
1. Heard learned counsel for the petitioner and the learned APP for the State, Mr. Chandra Bhushan Prasad.
2. The petitioners seek bail in anticipation of their arrest in a case registered for the offences punishable under Sections 305(e) and 317(4) of the B.N.S.
3. The learned counsel for the petitioners submits that the petitioner no.1 has antecedent of four cases, petitioner no. 2 has antecedent of three cases and petitioner no. 3 has antecedent of two cases and the informant alleges that a raid was conducted for seizing illegally mined sand from Nati river and 15114 cft. sand was found illegally mined and the villagers disclosed the
Patna High Court CR. MISC. No.14460 of 2026(2) dt.08-05-2026 2/3 name of the petitioners, further, the accused are liable for payment of fine for illegal mining of sand.
4. Learned counsel for the petitioners submits that petitioners were not apprehended from the spot as such nothing was recovered from their possession and it cannot be presumed that the sand was illegally mined by them. It is further submitted that though informant alleges that the name was disclosed by villagers, but then the name of the person who disclosed the name of the petitioners is not disclosed in the FIR which casts an aspersion on the case of the prosecution, when petitioners have not been implicated based on secret information. It is also submitted that in mechanical manner, the police investigates and implicates. It is next submitted that since petitioners have antecedents, as such, they came to be implicated. It is next submitted that if privilege of anticipatory bail is granted, the petitioners will not abscond rather will cooperate in the investigation to prove their innocence.
5. Learned A.P.P. Sri Chandra Bhushan Prasad opposes the anticipatory bail application of the petitioners.
6. Considering the submissions made by the learned counsel for the petitioners, the petitioners, above-named, in the event of their arrest or surrender before the learned Trial Court
Patna High Court CR. MISC. No.14460 of 2026(2) dt.08-05-2026 3/3 within a period of six weeks, are directed to be released on anticipatory bail on their furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten 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 Kawakol P. S. Case No.193 of 2025, subject to the conditions laid down under Section 482(2) of the BNSS.
7. The application stands allowed.
8. However, it is made clear that in the event, if any application is filed by the Investigating Officer before the learned trial Court bringing to its notice that petitioners, despite giving assurance to this Court, are not cooperating in the investigation or are not presenting themselves as and when required, the learned Trial Court shall be at liberty to cancel the bail bonds of the petitioners after recording reasons.
9. Let a copy of this order be sent to the concerned Police Station through the learned Trial Court. (Satyavrat Verma, J) Rishabh/- U T