Dhirendra Kumar Singh(Owner - Cum - Driver) v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64839 of 2025 Arising Out of PS. Case No.-435 Year-2025 Thana- MANER District- Patna ====================================================== Dhirendra Kumar Singh(Owner - cum - Driver) Son of Narayan Singh Village- Tajpur, Shinghara, P.S.- Kamla Gopalpur, P.S. - Maner, DistrictPatna. ... ... Petitioner/s

Versus

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

For the Petitioner :

Mr. Sanjay Kumar, Advocate For the State :

Ms. Meena Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 17-09-2025 Heard learned counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State.

2. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 303(2) and 317(2) of the B.N.S..

3. As per prosecution case, allegation against this petitioner is that he was illegally digging and loading soil on a tractor through a JCB from a government land.

4. It is submitted by learned counsel appearing on behalf of the petitioner that petitioner is quite innocent and has committed no offence. Petitioner is owner and driver of the JCB in question and he was digging the pyne on the instructions of contractor Mukesh Kumar. As a matter of fact, the government

Patna High Court CR. MISC. No.64839 of 2025(2) dt.17-09-2025 2/2 itself has allotted tender to Mukesh Kumar under a scheme for restoration work of Rasulpur Chhitaul Pyne from where the petitioner's JCB was seized and as such, petitioner was not illegally digging soil from government land.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioner.

6. Considering the facts and circumstances of the case and nature of accusation, the prayer for grant of anticipatory bail to the petitioner is allowed.

7. Accordingly, in the event of arrest/surrender within a period of eight weeks from today, let the above named petitioner 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 learned J.M.-1st Class, Danapur, Patna in connection with Maner P.S. Case No. 435 of 2025, subject to condition as laid down under Section 482(2) of the B.N.S.S.. (Prabhat Kumar Singh, J) shashank/- U T