Niraj Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.60240 of 2025 Arising Out of PS. Case No.-239 Year-2025 Thana- NAWADA MUFFASIL District- Nawada ====================================================== Niraj Kumar Son of Sadan Yadav @ Sadan Prasad Yadav Resident of Village - Chamardiha, Police Station - Rajgir, District - Nalanda. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Birendra Kumar , Advocate For the Opposite Party/s :
Mr. Dr. Indiwar Kumari , APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 04-09-2025 Heard learned counsel for the petitioner and the State .
2. Petitioner apprehends his arrest in a case registered for the offence punishable under sections 303 ( 2 ), 317 ( 2 ), and 111 (3) of BNS.
3 . As per the prosecution case , on 05.06.2025 , informant Mohan Kumar Singh (ASI Nawada), received a secret information that all the F.I.R. named accused persons including this petitioner were involved in illegal mining of sand. Upon such information , a raid was conducted, and when police party
Patna High Court CR. MISC. No.60240 of 2025(2) dt.04-09-2025 2/3 arrived, then this petitioner fled away from the spot. It is further alleged that some tractors loaded with sand and one motorcycle were also recovered from the spot.
4. It is submitted on behalf of the petitioner that petitioner is innocent and has committed no offence as alleged. Petitioner is neither owner nor driver of loaded tractors in question and has got no concern with the alleged occurrence . Petitioner has been made accused in this case only because the motorcycle in question of the petitioner was recovered near the place of occurrence . Except this, there is no material on record to show the complicity of this petitioner in the alleged occurrence . Petitioner claims clean antecedent. 5 . Learned counsel for the State opposed the bail petition .
6 Considering the aforesaid facts, materials available on record, clean antecedent of the petitioner and other circumstances of the case , in the event of arrest or surrender within eight weeks from today, let the petitioner, as named above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate - Ist Nawada in connection with Muffasil P.S. Case
Patna High Court CR. MISC. No.60240 of 2025(2) dt.04-09-2025 3/3 No. 239 of 2025 , subject to the conditions laid down under section 482(2) of the Bharatiya Nagarik Suraksha Sanhita , 2023 .
(Prabhat Kumar Singh, J) Koushik/- U T