Sonu Kumar @ Niraj Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27588 of 2025 Arising Out of PS. Case No.-1677 Year-2023 Thana- NAWADA District- Nawada ====================================================== Sonu Kumar @ Niraj Kumar Son of Suresh Prasad Yadav Resident of Village - Jamuawan, Post and P.S.- Kadirganj, District - Nawada. ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Apurv Singh Son of Virendra Kumar Singh Resident of Village and P.S.- Kankarbag, District - Patna at present Khan Nirikshak, Nawada. ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Indradeo Prasad, Adv.
For the State :
Mr. Anant Kumar 1, APP For the O.P. no.2 : Mr. Naresh Dikshit, Spl. P.P. (Mines) Mr. Utrav Anand, Adv.
====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 23-07-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner is apprehending his arrest in connection with Nawada Nagar (Kadirganj O.P.) P.S. Case No. 1677/2023 registered for the offences punishable under Sections 341, 323, 353, 379, 411, 504, 506, 34 of the Indian Penal Code.
3. As per prosecution case, there is allegation against the petitioner who is said to have participated in the illegal mining. It is alleged that the petitioner and others are said to have abused and pelted stones in order to release the tractor forcefully from the police officials.
4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.27588 of 2025(3) dt.23-07-2025 2/3 petitioner is innocent and has committed no offence as alleged in the FIR. The petitioner bears one criminal antecedent in which he is on bail. He further submits that the petitioner has filed an application before the Superintendent of Police, Nawada as is evident from Annexure-P/2 of the bail petition where he has mentioned that the petitioner is a student of B.A. Part-I in K.L.S. College, Nawada and he is not in any way connected with the alleged occurrence. He further submits that the petitioner is neither the owner nor the driver of the said tractor which has been seized at the place of occurrence. In the light of aforesaid submission, no offence is made out against the petitioner under the aforesaid sections.
5. The learned A.P.P. for the State opposed the prayer for anticipatory bail of the petitioner and submits that there is allegation against the petitioner who is said to have participated in the illegal mining as well as participated in releasing the tractor forcefully from the police officials and hence, the petitioner does not deserve bail.
6. Considering the facts and circumstances of the case, argument advanced on behalf of both sides and also taking into consideration the material available on record, the petitioner above-named, in the event of his arrest or surrender
Patna High Court CR. MISC. No.27588 of 2025(3) dt.23-07-2025 3/3 before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Nawada in connection with Nawada Nagar (Kadirganj O.P.) P.S. Case No. 1677/2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
7. Accordingly, the application stands allowed. (Alok Kumar Pandey, J) amitkumar/- U T