Patna High Court
Mukesh Singh @ Mukesh Kumar Singh @ Bambam SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The petitioner is entitled to bail under Section 438(2) of the CrPC and Section 482 of the BNSS.
Summary
Mukesh Singh, a tractor driver, feared arrest in a sand‑theft case (Jamui P.S. Case No. 647 of 2023) involving offences under Sections 420, 467, 468, 471, 182, 211, 353 and 120B of the IPC. He contended that he had no knowledge of the illegal sand transport and that the other co‑accused had already been granted bail. The court considered the nature of the allegations and the fact that co‑accused were on bail, and allowed his bail application. The court ordered his release on a bail bond of Rs. 10,000 with two sureties, subject to the conditions of Section 438(2) of the CrPC and Section 482 of the BNSS. The order was pronounced by Justice Sandeep Kumar.
Issues considered
- Whether the petitioner, as a driver with alleged lack of knowledge, is entitled to bail in the pending case.
- Whether the grant of bail to co‑accused influences the bail decision for the petitioner.
Legislation cited
- BNSS — s. 482
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- bail
- criminal procedure
- illegal sand transportation
- driver
- IPC offences
- presumption of innocence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.66433 of 2025
Arising Out of PS. Case No.-647 Year-2023 Thana- JAMUI District- Jamui
======================================================
Mukesh Singh @ Mukesh Kumar Singh @ Bambam Singh Son of Late
Jaynarayan Singh Resident of Village- Lakhapur, Police Station- Jamui,
District- Jamui
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Arun Kumar
For the Opposite Party/s : Mr.Md. Iftekhar Mahmood
Mr. Shyam Kumar Singh.
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 09-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner apprehends his arrest in
connection with Jamui P.S. Case No. 647 of 2023 registered for
the offence under Sections 420, 467, 468, 471, 182, 211, 353,
120B of the Indian Penal Code.
3. The petitioner is said to be the driver of the
tractor which was involved in illegal transportation of sand.
4. Learned counsel for the petitioner submits that
the petitioner is the driver of the tractor in question and he has
no knowledge about the illegal activity done by the other co-
accused. He further submits that other co-accused persons have
been granted bail by this Court vide order dated 31.08.2024
Patna High Court CR. MISC. No.66433 of 2025(3) dt.09-03-2026
2/2
passed in Cr. Misc. No. 54601 of 2024.
5. Considering the nature of allegation levelled
against the petitioner and the fact that the other co-accused
persons have been granted bail, this application is allowed.
6. Let the petitioner, above named, in the event of
his arrest or surrender before the concerned Court below within
four weeks from today, be released 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 Chief Judicial
Magistrate, Jamui/concerned Court below in connection with
Jamui P.S. Case No. 647 of 2023, subject to the conditions laid
down in Section 438(2) of the Code of Criminal Procedure,
1973 / Section 482 of the BNSS.
(Sandeep Kumar, J)
Vikas/-
U
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