Parbhakar Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41622 of 2026 Arising Out of PS. Case No.-276 Year-2025 Thana- SIKANDRA District- Jamui ====================================================== Parbhakar Kumar S/O Manoj Thakur R/O Vill.- Machchindra, P.S.- Jhajha, Dist.- Jamui.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Madhuresh Singh, Advocate For the Opposite Party/s :
Mr. Uday Chand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER 01-07-2026 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in anticipation of his arrest in connection with Sikandara P.S. Case No. 276 of 2025 instituted for the offences punishable under Sections 303(2), 317(2), 132, 109, 262, 263, 121(1), 121(2), 352, 351(2) and 3(5) of the Bharatiya Nyaya Sanhita.
3. As per the prosecution case, allegation against the petitioner is that he was the driver of the tractor through which illegal sand mining was being done.
4. Learned counsel for the petitioner submits that allegation against the petitioner is that he was driving the tractor and when the police reached, he managed to escape, while further allegations are against other two accused persons. It has
Patna High Court CR. MISC. No.41622 of 2026(2) dt.01-07-2026 2/3 further been submitted that the allegation, prima facie, seems to be improbable and even it is taken on its face value, there is no specific allegation of overt act barring the fact that the petitioner was merely a driver of the said tractor. It has lastly been submitted that the petitioner carries clean antecedent.
5. Learned APP appearing on behalf of the State has vehemently opposed the prayer for anticipatory bail.
6. Considering the facts aforesaid, the petitioner is directed to be released on bail, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, on his furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, First Class, Jamui in connection with Sikandara P.S. Case No. 276 of 2025, subject to the conditions as laid down under Section 482 of the BNSS and subject to the following conditions:- (i) One of the bailors will be a close relative of the petitioner and the other shall be a local resident:
(ii) the petitioner will remain physically present on each and every date fixed by the Court below, if so required by the learned Trial Court and shall cooperate in the investigation;
(iii) in case of absence on two consecutive dates or in violation of the terms of the bail, the bail bonds of the petitioner
Patna High Court CR. MISC. No.41622 of 2026(2) dt.01-07-2026 3/3 will liable to be cancelled by the Court concerned;
(iv) the Court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bonds of the petitioner. However, the acceptance of bail bonds in terms of the above mentioned order shall not be delayed for purpose of the same on in the name of verification.
(v) If the petitioner, in future, is found to be involved in similar nature of offence, the prosecution shall be at liberty to move for cancellation of his bail bonds.
7. It is made clear that the observations, if any, made in this order, shall be of no bearing during the trial. (Sourendra Pandey, J) krishna/- U T