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 2/3 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 3/3 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. abhishekkr/- (Ajit Kumar, J) U T