Satish @ Satish Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.55616 of 2025 Arising Out of PS. Case No.-377 Year-2024 Thana- HISUWA District- Nawada ====================================================== Satish @ Satish Kumar S/o Vinod Kumar R/o Village- Belaru, P.S.- Hisua, District- Nawada ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Man Mohan Kumar, Advocate For the Opposite Party/s :
Mr. Anish Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 30-08-2025
1. Heard learned counsel for the parties.
2. The petitioner in this application prays for grant of anticipatory bail apprehending his arrest in connection with Hisuwa P.S.Case no. 377 of 2024 registered for the offence punishable under sections 303(2), 317(2), 318(4), 336(3) & 111 of the Bhartiya Nyaya Sanhita, 2023.
3. As per the prosecution case, on information having been received, it is stated by the informant that a search was conducted and two Hyvas and a truck were found loaded with sand. On asking for challan the same were produced, the details of which have been given in the FIR. The informant further states that some of the accused persons were taken into custody. Further going through the whatsapp in the mobile phone of one of the operators, a list containing names of several
Patna High Court CR. MISC. No.55616 of 2025(2) dt.30-08-2025 2/3 accused persons were found who were involved in illegal mining of sand. The said list indicated the names of the petitioner as also that of Golu and Chhotu Singh.
4. Learned counsel for the petitioner submits that from the contents of the FIR itself it would transpire that neither the petitioner was arrested at the spot nor any incriminating article was recovered from his possession. He has been falsely implicated in the case only on the ground that his name was found in a list in the mobile phone of one of the accused. The case of the petitioner stands on a similar footing to that of Golu and Chhotu Singh, both having been enlarged on bail vide order dated 30.7.2025 passed in Cr.Misc. no.46404 of 2025. The cause of false implication of the petitioner is his antecedent.
5. The application for bail is opposed by learned APP for the State.
6. Having heard learned counsel for the parties and taking into consideration the nature of allegation against the petitioner in the F.I.R., the petitioner not having been arrested at the spot, no incriminating article having been recovered from the petitioner's possession and grant of bail to similarly situated coaccused vide order dated 30.7.2025, it is directed that the petitioner above named, in the event of his arrest or surrender
Patna High Court CR. MISC. No.55616 of 2025(2) dt.30-08-2025 3/3 before the learned Court below within a period of four weeks, be released on anticipatory bail in connection with Hisuwa P.S.Case no. 377 of 2024 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-IV, Nawada.
(Partha Sarthy, J) Bibhash/- U T