Uday Kumar Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39380 of 2025 Arising Out of PS. Case No.-591 Year-2024 Thana- BIHTA District- Patna ====================================================== 1.

Uday Kumar Ray S/o Sidhi Ray Resident of Village- Balwan Tola, Police Starion- Doriganj, District- Saran 2.

Mahesh Kumar S/o Rampukar Ray Resident of Village- Bahuara, Police Starion- Doriganj, District- Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Niraj Kumar Singh, Advocate For the Opposite Party/s :

Mrs.Nirmala Kumari, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 24-07-2025 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend their arrest in a case registered for the offence under Sections 303(2), 317(1-5) of the Bhartiya Nyaya Sanhita, 2023.

3. The petitioners are claiming to be owner and driver of seized loader, on which, there is allegation that it was involved in the illegal sand excavation without valid document and the alleged loader was caught with the alleged truck loaded with sand near new Koilwar bridge.

4. Learned counsel for the petitioners submits that petitioner no. 1 is owner and petitioner no. 2 is driver of the

Patna High Court CR. MISC. No.39380 of 2025(2) dt.24-07-2025 2/2 seized loader. He next submits that petitioners' vehicle was moving on Koilwar bridge and it was seized. It was not involved in excavation of sand. Petitioners' vehicle has got no concern with the alleged loaded truck. The owner of the seized truck has already been granted anticipatory bail, vide order passed in Cr.Misc. No. 81276 of 2024. Petitioners claim clean antecedent.

5. Learned A.P.P. for the State has opposed the bail petition.

6. Considering the aforesaid facts and circumstances, let the above named petitioners, in the event of their arrest/surrender within a period of eight weeks from today, be enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Patna in connection with Bihta P.S. Case No. 591 of 2024, subject to condition as laid down under Section 482(2) of the Bhartiya Nagrik Suraksha Sanhita, 2023.

(Prabhat Kumar Singh, J) anay U T