Nilesh Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30868 of 2026 Arising Out of PS. Case No.-124 Year-2026 Thana- MUFFASIL District- Aurangabad ====================================================== Nilesh Kumar Singh S/o Rajendra Singh R/o Village - Pawai, P.S - Muffasil, District - Aurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms.Mukul Kumari, Adv.

For the Opposite Party/s :

Mr.Tarkeshwar Nath Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 06-05-2026 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending her arrest in connection with Muffasil P.S. Case No. 124 of 2026, G.R. No. 360 of 2026 dated 21.03.2026 registered for the offence punishable under Section/s 303(2), 317(5), 3(5) of the B.N.S., 2023.

3. The prosecution case, in brief, is that on 21.03.2026, during vehicle checking on the occasion of Id, the informant intercepted a tractor carrying 100 CFT of sand without valid documents. It is alleged that the driver and owner of the tractor fled away after seeing the police party, whereafter the sand was seized and the present case was instituted.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in the

Patna High Court CR. MISC. No.30868 of 2026(2) dt.06-05-2026 2/3 instant case. It is further submitted that the name of the petitioner has transpired in the case on the basis of the statement made by the driver of the alleged tractor, which does not form part of the seizure list. It is also submitted that though the petitioner has been shown to be the owner of the alleged tractor but, it appears from the impugned order that in paragraph 10 of the case diary, it has been mentioned by the family members of the petitioner that the alleged tractor was registered in the name of Rajendra Singh, who happens to be the father of the petitioner. It is next submitted that the petitioner has a clean antecedent and is in no way connected with the alleged offence.

5. Learned APP for the State opposes the prayer for grant of anticipatory bail.

6. Having heard learned counsel for the parties and considering the fact that the name of the petitioner has transpired in this case on the basis of apprehended co-accused and the petitioner has no criminal antecedent, let the petitioner, above named, be released on anticipatory bail in the event of his arrest or surrender before the court below within a period of four weeks from today 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,

Patna High Court CR. MISC. No.30868 of 2026(2) dt.06-05-2026 3/3 Aurangabad in connection with Muffasil P.S. Case No. 124 of 2026, G.R. No. 360 of 2026, subject to the condition as laid down under Section 482(2) of the B.N.S.S. as well as the following conditions:

(i) One of the bailors should be the family member/relative/known of the petitioner(s) who shall provide official document / personal affidavit 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 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.

(Ajit Kumar, J) rishi/- U T