Rajesh Saw v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84979 of 2025 Arising Out of PS. Case No.-221 Year-2025 Thana- MOHANPUR District- Gaya ====================================================== Rajesh Saw Son of Shiv Nandan Saw Resident of Village- Pathulwa, P.S.- Mohanpur, District- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Amrendra Kumar Sinha No. 1, Advocate For the Opposite Party/s :

Mr. Arun Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 21-01-2026 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Mohanpur P.S. Case No. 221 of 2025 instituted for the offence under Sections 191(2), 190, 126(2), 121(1), 121(2), 132 & 109 of the Bharatiya Nyaya Sanhita, 2023.

3.

As per the prosecution case, on information of illegal mining of sand from Niranjana river, the informant reached there and saw that 8-10 tractors with trailer were being loaded sand illegally by the labourers, thereafter, the informant along with other police forces tried to catch the accused persons but they fled away. Further, the informant seized a tractor and brought the said vehicle to the police station. In the meantime,

Patna High Court CR. MISC. No.84979 of 2025(2) dt.21-01-2026 2/3 the co-accused persons armed with lathi, danda, bricks and stones attacked on them due to which they received injuries, thereafter, all the accused persons fled away from the place of occurrence.

4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 19.09.2025. Petitioner bears one criminal antecedent/s, as per disclosure made in paragraph No. 3 of the bail application.

5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. There is no direct and specific allegation against the petitioner, rather the same is general and omnibus in nature. Nothing has been recovered from the conscious possession of the petitioner. Other co-accused has been granted bail by a Coordinate Bench of this Court vide order dated 08.12.2025, passed in Cr. Misc. No. 82102 of 2025.

6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner and claim based on parity, this Court is inclined to grant bail to the petitioner. 8.

Let the petitioner be released on bail on furnishing

Patna High Court CR. MISC. No.84979 of 2025(2) dt.21-01-2026 3/3 bail bonds of Rs. 15,000/- (Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Mohanpur P.S. Case No. 221 of 2025.

(Rudra Prakash Mishra, J) Raj Kishore/- U T