Patna High Court

Rajiv NayanversusThe State of Bihar

Decided: 9 February 2026
Disposal: ALLOWED
Bench: ASHOK KUMAR PANDEY

Holding

Anticipatory bail was granted to the petitioner with conditions under Section 482(2) of the B.N.S.S.

Summary

Petitioner Rajiv Nayan applied for anticipatory bail fearing arrest in a case (Govindpur PS Case No. 281 of 2024) involving offences under Sections 303(2), 317(2), 111(3) and 111(4) of the B.N.S. The prosecution alleged that a tractor loaded with sand, abandoned during a raid, contained sand linked to the petitioner, whose name was identified by local residents. The petitioner contended that he was innocent, had not been arrested, no incriminating material was found on him, and that a similarly situated co‑accused had already been granted bail. The State opposed bail, citing two prior criminal cases against the petitioner. After hearing both sides, the Court granted anticipatory bail subject to a surrender within four weeks, a bail bond of Rs.10,000 with two sureties, and a condition that the petitioner not repeat the offence, invoking Section 482(2) of the B.N.S.S. The order effectively releases the petitioner from immediate apprehension of arrest pending surrender.

Issues considered

Whether anticipatory bail should be granted to the petitioner under the circumstances of the case
Whether the petitioner’s prior criminal antecedents preclude the grant of bail

Legislation cited

B.N.S. — s. 111(3), 111(4), 303(2), 317(2)
B.N.S.S. — s. 482(2)

Subjects

anticipatory bail
bail conditions
criminal antecedent
Section 482
pre‑trial liberty

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.8043 of 2026
                     Arising Out of PS. Case No.-281 Year-2024 Thana- GOVINDPUR District- Nawada
                 ======================================================
                 Rajiv Nayan S/O Ram Bilas Singh R/O Village - Telari, P.S- Roh, Distt. -
                 Nawada.

                                                                                 ... ... Petitioner/s
                                                      Versus
           1.    The State of Bihar
           2.    Mines Inspector, Nawada

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Birendra Kumar, Advocate
                 For the Opposite Party/s :      Mr. Kalyan Shankar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   09-02-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The instant application for anticipatory bail has been

                   filed by the petitioner apprehending his arrest in connection with

                   Govindpur P.S. Case No. 281 of 2024 instituted for the offence

                   under Sections 303(2), 317(2), 111(3), 111(4) of B.N.S.

                                3. The case of the prosecution is that a tractor loaded

                   with sand was abandoned by unknown persons upon seeing the

                   raiding party. Sand was recovered from the said tractor. The name

                   of this petitioner was disclosed by local residents.

                                4. Learned counsel appearing on behalf of the petitioner

                   has submitted that petitioner is innocent and has committed no

                   offence. He has falsely been implicated in this case. He has also
            Patna High Court CR. MISC. No.8043 of 2026(2) dt.09-02-2026
                                                        2/2




                      submitted that the petitioner is neither arrested on spot nor any

                      incriminating article has been recovered from his possession.

                      Similarly situated other co-accused person has already been

                      granted bail by this court vide Cr. Misc. No. 18589 of 2025.

                                   5. In contra, learned APP appearing for the State has

                      opposed the prayer of bail of the petitioner and has submitted that

                      petitioner is having criminal antecedent of two cases.

                                   6. Having heard learned counsel for the parties and in

                      the facts and circumstances of the case as stated above, this Court

                      is inclined to enlarge the petitioner on bail with a condition that

                      the petitioner shall not indulge in similar nature of offence in

                      future. The petitioner is directed to surrender in the Court below

                      within a period of four weeks from today and in the event of his

                      arrest or surrender in connection with Govindpur P.S. Case No.

                      281 of 2024, he will be enlarged on bail on furnishing bail bond of

                      Rs. 10,000/- (Rupees ten thousand) with two sureties of the like

                      amount each to the satisfaction of learned S.D.J.M., Nawada

                      subject to the conditions as laid down under section 482(2) of

                      B.N.S.S.



                                             (Ashok Kumar Pandey, J)
Shubham/-
U     T

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