Patna High Court
Rajesh SawversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court grants bail to the petitioner.
Summary
The petitioner, Rajesh Saw, was arrested in connection with an alleged illegal sand mining operation on the Niranjana river and charged under Sections 191(2), 190, 126(2), 121(1), 121(2), 132 and 109 of the Bharatiya Nyaya Sanhita, 2023. The prosecution alleged that a group of accused, including the petitioner, were loading sand onto tractors and resisted police, injuring officers before fleeing. The petitioner, in custody since 19 September 2025, contended that he was falsely implicated, that no specific allegation or material was recovered from his possession, and cited the grant of bail to a co‑accused as a parity ground. The State opposed bail, emphasizing the seriousness of the offences. Considering the lack of direct evidence against the petitioner, the length of his custody, and the principle of parity, the Court granted bail on a bond of Rs.15,000 with two sureties.
Issues considered
- Whether bail should be granted to the petitioner despite the serious nature of the offences under the Bharatiya Nyaya Sanhita.
- Whether the petitioner’s claim of false implication and lack of specific allegation warrants bail.
- Whether parity with a co‑accused who was granted bail influences the decision.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 121(1), 121(2), 126(2), 132, 190, 191(2)
Subjects
- bail
- illegal sand mining
- false implication
- parity
- Bharatiya Nyaya Sanhita
- criminal procedure
- custody
- co‑accused bail
Judgment
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
2 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,
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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 Co-
ordinate 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
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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
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