Shyam Kishor Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36982 of 2025 Arising Out of PS. Case No.-67 Year-2025 Thana- NARDIGANJ District- Nawada ====================================================== 1.

Shyam Kishor Kumar S/o- Binod Prasad R/o- Dalepur Ps- Nardiganj District- Nawadah 2.

Vikas Rajbanshi S/o- Kapil Rajbanshi R/o- Pandpa Ps- Nardiganj DistrictNawadah ... ... Petitioner/s

Versus

1.

The State of Bihar Bihar 2.

The Mines Department, Govt. of Bihar, Patna Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ram Prawesh Kumar For the Opposite Party/s :

Mr.Ashok Kumar Singh For the Informant :

Mr. Naresh Dikshit ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 02-07-2025 Heard learned counsel for the petitioners and learned counsel for the informant as well as learned Additional Public Prosecutor for the State.

2. The petitioners are apprehending their arrest in a case in connection with Nardiganj P.S. Case No. 67 of 2025 dated 14.02.2025 registered for the offence/s punishable u/ss 303(2) and 317(2) of the BNS.

3. As per the prosecution case, on seeing the raid team, the drivers of the two tractors fled away after unloading the sand from the said vehicles, thereafter, police seized both the tractors.

Patna High Court CR. MISC. No.36982 of 2025(2) dt.02-07-2025 2/3

4. Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this case. The petitioners are the driver and the owner of the said vehicles. Nothing has been recovered from the conscious possession of the petitioners. The petitioners have no criminal antecedent as stated at para 3 of the bail petition.

5. Learned counsel for the informant as well as learned A.P.P. for the State has vehemently opposed the bail petition of the petitioners by submitting that the petitioners are indulged in the business of selling the sand illegally.

6. Considering the aforesaid facts and circumstances of the case, let the above named petitioners, in the event of their arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 20,000/- (Rupees Twenty thousand) each with two sureties of the like amount each to the satisfaction of learned court concerned, Nawada in connection with Nardiganj P.S. Case No. 67 of 2025, subject to conditions as laid down under Section 482(2) of the BNSS, with further condition/s:- (i) The petitioners are directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable

Patna High Court CR. MISC. No.36982 of 2025(2) dt.02-07-2025 3/3 cause, the bail bonds of the petitioners are liable to be cancelled.

7. This application stands allowed.

(Chandra Prakash Singh, J) guddukr/- U T