Patna High CourtCR. MISC./28193/2025bail granted

M. P. Rajbanshi @ Ampi Rajbanshi v. The State Of Bihar

2025-05-13Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28193 of 2025 Arising Out of PS. Case No.-7 Year-2025 Thana- NARHATT District- Nawada ====================================================== M. P. Rajbanshi @ Ampi Rajbanshi S/o Ram Swaroop Rajbanshi R/o VillageBaniyabigha, P.S.- Narhat, District- Nawada ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Vibhuti Ranjan Sonvadra, Advocate For the Opposite Party/s :

Mr. Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 13-05-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Narhat P.S. Case No. 07 of 2025, instituted for the offences punishable under Sections 303(2), 317(2), 318(4) and 3(5) of the Bharatiya Nyaya Sanhita, 2023.

3. The prosecution case, in short, is that, the police intercepted a tractor loaded with about 100 CFT of sand and apprehended the petitioner who was driver of the tractor. It is further alleged that the petitioner produced two challans with expired validity and failed to explain the delay in transporting the sand.

4. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.28193 of 2025(2) dt.13-05-2025 2/3 petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. Learned counsel for the petitioner also submits that the petitioner is neither driver nor owner of the tractor in question, rather he is a daily wage labour and took lift in the said tractor. It is further submitted that the allegation levelled against the petitioner is general and omnibus in nature. The petitioner is in custody since 11.01.2025 and has got one criminal antecedent in which he is on bail.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case and taking into account the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Narhat P.S. Case No. 07 of 2025, subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioner.

Patna High Court CR. MISC. No.28193 of 2025(2) dt.13-05-2025 3/3 (II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Rajorshi/- U T