Prakash Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.76638 of 2025 Arising Out of PS. Case No.-193 Year-2025 Thana- KAUWAKOL District- Nawada ====================================================== 1.
Prakash Yadav S/o Late Meghu Yadav R/o Village - Bhorambag, P.O - Itpakwa, P.S - Kawakol, District - Nawada, Pin - 805106 2.
Punam Kumar @ Punam Yadav @ Sanjiv Kumar S/o Manna Yadav @ Manoj Yadav R/o Village - Bhorambag, P.O - Itpakwa, P.S - Kawakol, District - Nawada, Pin - 805106 3.
Ranjay Kumar @ Alok Kumar S/o Ramchandra Mahto @ Ramchandra Prasad R/o Village - Bhorambag, P.O - Itpakwa, P.S - Kawakol, District - Nawada, Pin - 805106 4.
Gupa Mahto @ Gupteshwar Mahto S/o Lakhan Mahto 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 :
Ms. Muskan Singh For the Opposite Party/s :
Mr. Rabindra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 27-11-2025
1. Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 305(e), 317(4) of the B.N.S., 2023.
3. Learned counsel for the petitioners submits that petitioners are persons with clean antecedent and the informant alleges that raid was conducted for seizing illegally mined sand from Naki river and 15114 cft sand was found illegally mined and the villagers disclosed the name of petitioners, further the
Patna High Court CR. MISC. No.76638 of 2025(2) dt.27-11-2025 2/3 accused are liable for payment of fine for illegally mining sand.
4. Learned counsel for the petitioners submits that petitioners have been falsely implicated in the instant case by the informant. It is next submitted that petitioners were not apprehended from the spot as such it cannot be presumed that the sand was illegally mined by them. It is also submitted that though informant alleges that villagers informed that the sand was illegally mined by the petitioners 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. It is also submitted that it appears that the informant with a view to save the real culprit falsely implicated the instant petitioners. It is also submitted that petitioners will not abscond rather will cooperate in the investigation to prove their innocence.
5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.
6. Considering the submissions made by the learned counsel for the petitioners and also taking into consideration the fact that petitioners are persons with clean antecedent, the petitioners above-named, in the event of their arrest or surrender before the learned Court below within a period of six weeks
Patna High Court CR. MISC. No.76638 of 2025(2) dt.27-11-2025 3/3 from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned trial court where the case is pending/successor court in connection with Kawakol P.S. Case No.193/2025, subject to the conditions as laid down under Section 482(2) of the B.N.S.S. (Satyavrat Verma, J) amit/- U T