Biran Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.69446 of 2025 Arising Out of PS. Case No.-410 Year-2025 Thana- BIHAR District- Nalanda ====================================================== 1.
Biran Yadav Son of Baleshwar Yadav Resident of Nakatpura, Ps- Bihar, Dist- Nalanda 2.
Manoj Yadav @ Manoj Kumar Son of Late Ramjee Yadav Resident of Nakatpura, Ps- Bihar, Dist- Nalanda ... ... Petitioner/s
Versus
The State of Bihar bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Anil Chandra For the Opposite Party/s :
Mr.Gulnar Begum ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 08-10-2025
1. Heard the parties.
2. The petitioners apprehend their arrest in connection with Bihar Sharif P.S. Case No. 410 of 2025 dated 03.07.2025 registered for the offence under Sections 126(2), 115(2), 303(2), 317(4), 109(1), 132, 121(2), 3(5) of the B.N.S.
3. As per the F.I.R. on 03.07.2025 at 1:30 P.M. the informant- Mining Inspector at Nalanda started vehicle checking along with SAP force at New Bye-Pass Main Road, in the meantime, he saw one tractor coming loaded with illegal sand. The informant stopped the tractor for the purpose of checking of transportation 'challan' but the driver failed to produce any 'challan'. While the seized tractor along with driver
Patna High Court CR. MISC. No.69446 of 2025(2) dt.08-10-2025 2/3 was being taken to Bihar P.S., in the meantime, 4-5 antisocial elements parked one Splendor motorcycle and a Wagon-R car in front of the tractor near Nakatpura Check Post under Bihar P.S. They pushed the SAP personnels who were on the tractor on the road from the tractor due to which one SAP personnel Suman Kumar Singh sustained injury and the accused persons tried to snatch the weapon of another SAP personnel Sabindra Nath Jha. The tractor driver escaped with the tractor. The informant took the video footage of the antisocial elements. The local people and spy disclosed the name of the both the petitioners- Biran Yadav and Manoj Yadav along with others.
4. Learned counsel for the petitioners submits that petitioners have falsely been implicated in this case and they have not committed any offence in the manner alleged. He further submits that there is no specific allegation against the petitioners although the informant took photographs of the petitioners while they were on the way towards their village. He next submits that the village of the petitioners is 400 meters away from the place of occurrence and while they were in the way of their village in the meantime the informant took the photographs of several people including the petitioners. The petitioners are neither the owner of the tractor in question nor owner of the alleged
Patna High Court CR. MISC. No.69446 of 2025(2) dt.08-10-2025 3/3 motorcycle or the Wagon-R car.
5. I have heard learned counsel for the petitioners and have gone through the impugned order. The petitioners are named in the F.I.R. Learned Additional Sessions Judge -XI, Nalanda, Biharsharif has taken note of the fact that in paragraph nos. 05, 06 & 07 of the case diary the witnesses have supported the prosecution version. The petitioners have been identified in the video footage. The petitioners along with the co-accused created unruly scene when the police party arrived to discharge their official duty. An attack on police team while on official duty undermines the safety and security of the law enforcement agency. Incidents of mob violence against law enforcement agency have become order of the day now in this State which can be very dangerous, often escalating tensions and compromising public safety. Accordingly, I am not inclined to grant the petitioners the privilege of anticipatory bail.
6. This application is accordingly rejected.
(Anil Kumar Sinha, J) praful/- U T