Rajeshwar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.89438 of 2025 Arising Out of PS. Case No.-435 Year-2025 Thana- MANER District- Patna ====================================================== Rajeshwar Singh S/O Late Ram Ekbal Yadav R/O Village- Simri, P.S.- Bihta, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar , Advocate For the Opposite Party/s :

Mr. Rabindra Kumar , APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 10-02-2026 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, petitioner is owner of the tractor which was involved in illegal digging and loading soil 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 of the tractor in question and co-accused Dhirendra Kumar Singh who was owner and driver of the J C B in question was digging the pyne

Patna High Court CR. MISC. No.89438 of 2025(2) dt.10-02-2026 2/2 on the instructions of contractor Mukesh Kumar. As a matter of fact, the government itself has allotted tender to Mukesh Kumar under a scheme for restoration work of Rasulpur Chhitaul Pyne from where the JCB in question was seized and as such, petitioner had played no role in the aforesaid occurrence . 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) Koushik/- U T