Patna High CourtCR. MISC./39551/2025bail rejected

Ananjay Kumar @ Ananjay @ Karu Kumar @ Maidwa v. The State Of Bihar

2025-09-03Mr. Justice Shailendra Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39551 of 2025 Arising Out of PS. Case No.-148 Year-2025 Thana- GRIYAK District- Nalanda ====================================================== 1.

Ananjay Kumar @ Ananjay @ Karu Kumar @ Maidwa, S/o Gauri Shankar Yadav @ Gauri Shankar Kumar, R/o Vill - Babhalpur, P.S.- Giriyak, Distt.- Nalanda 2.

Subodh Kumar @ Genhari, S/o Nagina Yadav, Resident of Vill- Kandopur, P.S.- Giriyak, Distt.- Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjay Parasmani, Adv.

Mr. Deepak Kumar, Adv.

For the State :

Mr. Binod Kumar No.3, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 03-09-2025

1. Heard Mr. Sanjay Parasmani, learned counsel for the petitioners and Mr. Binod Kumar No.3, learned APP for the State.

2. The petitioners apprehend their arrest in connection with Giriyak P. S. Case No. No. 148 of 2025 dated 14.04.2025 registered for the offence(s) punishable under Section(s) 281, 125(a), 125(b), 303(2), 132, 318(4), 324(4), 61(2) and 3(5) of the B.N.S, 2023.

3. As per prosecution story, on 13.04.2025 at 8:25 AM, the informant S.I. got secret information during a raid about illegal sand mining involving a red tractor and upon approaching the spot, the police saw that sand was being loaded

Patna High Court CR. MISC. No.39551 of 2025(3) dt.03-09-2025 2/3 into a tractor by two individuals, thereafter, both the individuals fled with the tractor and escaped despite a police chase and the Chowkidar disclosed the name of the petitioners, identifying them as individuals, who fled from the spot.

4. The main submissions advanced by the petitioners' counsel are that both the petitioners have been implicated in connection with the alleged occurrence mainly on the basis of the disclosure made by the police Chowkidar, except this there is no material to show the petitioners' involvement in the alleged crime and there is no evidence to corroborate the Chowkidar's disclosure.

5. On the other hand, learned APP appearing for the State has opposed the bail prayer of the petitioners and submits that both the petitioners indulged in illegal mining of sand and upon seeing the police party they did not stop rather started fleeing and drove the tractor in rash manner and both were identified by the present police Chowkidar at that time. It is further submitted that the petitioner no.1 has already been remained involved in similar type of offence in which police party was attacked for which Giriak P.S. Case No. 470 of 2020 was registered and he has been chargesheeted in said case.

6. Considering the seriousness of the allegations

Patna High Court CR. MISC. No.39551 of 2025(3) dt.03-09-2025 3/3 appearing against both the petitioners as pointed out of the learned APP and taking not of the fact that the investigation is still pending, this court is not inclined to grant the relief of anticipatory bail to the petitioners. Accordingly their prayer stands rejected.

(Shailendra Singh, J) Rajiv/- U T