Allowed¶21

Bibhash Yadav v. The State of Bihar

Patna HC8 Aug 2025CR. MISC./48186/2025

Case brief

AI extract

What is this about?

Regular bail granted to Bibhash Yadav in Rajoun P.S. Case No. 401 of 2022 (District Banka); alleged theft/illegal excavation of sand of Chaandan river; Sections 379 and 411 IPC; MMRD Act, 1957; NGT Act, 2010 references; criminal antecedents of three cases; in judicial custody since 25.04.2025; bail bond of Rs.10,000/- with two like sureties before Chief Judicial Magistrate, Banka; Patna High Court; Criminal Miscellaneous No.48186 of 2025; decided 08-08-2025 by Ashok Kumar Pandey, J.

What did the court decide?

Release of the petitioner on bail in connection with Rajoun P.S. Case No. 401 of 2022 on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Banka. ¶21

Bibhash Yadav Vs The State of Bihar — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner, whose name surfaced during investigation for alleged theft/illegal excavation of sand from the Chaandan river in Rajoun P.S. Case No. 401 of 2022 and who is in judicial custody since 25.04.2025 with reported criminal antecedents, should be enlarged on regular bail.

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Court's answer

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail and directs his release on bail in connection with Rajoun P.S. Case No. 401 of 2022 on furnishing a bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Banka.

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Detailed headnote1 paragraphs

BAIL - Regular bail granted. Patna High Court (Ashok Kumar Pandey, J.), Criminal Miscellaneous No.48186 of 2025, decided 08-08-2025: Petitioner Bibhash Yadav, in judicial custody since 25.04.2025 in connection with Rajoun (District Banka) P.S. Case No. 401 of 2022 - registered for offences punishable under Sections 379 and 411 IPC along with provisions cited under the MMRD Act, 1957, 'BMC PIMTS' and the NGT Act, 2010 (clause partly garbled in source) - is alleged to be involved in theft/illegal excavation of sand of the Chaandan river; his name surfaced during investigation, and counsel submitted that nothing was recovered from his possession and that he was implicated owing to criminal antecedents of three cases, a fact conceded by the learned APP for the State. Having heard the parties and considering the facts and circumstances, the court enlarged the petitioner on bail upon furnishing a bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Banka.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.48186 of 2025

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Arising Out of PS. Case No.-401 Year-2022 Thana- RAJAON District- Banka

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======================================================

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Bibhash Yadav Son of Bateshwar Yadav Resident of Village - Dayalpur, P.S.Rajoun, District - Banka.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Brij Nandan Prasad, Advocate For the Opposite Party/s : Md. Mushtaque Alam, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER

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2 08-08-2025

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Heard learned counsel for the petitioner and Md.

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Mushtaque Alam, learned APP for the State.

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The petitioner has prayed for regular bail in a case

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registered for the offence punishable under Sections 379 and 411 of the Indian Penal Code and MMRD Act, 1957 Rule (4) BMC PIMTS and Rule 2019, 11, 41(2) and 15 NGT Act, 2010.

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The case of the prosecution is that police has reached a place and found that certain persons were committing theft of sand of Chaandan river. They started fleeing away seeing the police. Two drivers, Chandan Yadav and Ram Baran Yadav were there.

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Learned counsel for the petitioner has submitted that the name of this petitioner has surfaced during investigation where it has been found that he is also indulged in illegal excavation of the sand from Chaandan river. Learned counsel

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Patna High Court CR. MISC. No.48186 of 2025(2) dt.08-08-2025 2/2

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has further submitted that nothing has been recovered from the possession of this petitioner and his name has been framed in this case due to his criminal antecedents. The petitioner is having criminal antecedent of three cases. The petitioner is in judicial custody since 25.04.2025.

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Learned APP for the State has vehemently opposed the bail and conceded that the petitioner is having criminal antecedents.

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Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Rajoun P.S. Case No. 401 of 2022 on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Banka.

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(Ashok Kumar Pandey, J)

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durgesh/-

Bibhash Yadav v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Bibhash Yadav v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

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