Patna High Court
Rajeshwar SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court held that, given the petitioner’s lack of participation in the illegal digging and the nature of the allegations, anticipatory bail could be granted under Section 482(2) of the B.N.S.S.
Summary
Petitioner Rajeshwar Singh, owner of a tractor allegedly used in illegal digging of government land, feared arrest under Sections 303(2) and 317(2) of the B.N.S. The prosecution alleged that his tractor was used alongside a JCB owned by co‑accused Dhirendra Kumar Singh, acting on instructions of contractor Mukesh Kumar, who had a government tender. The petitioner contended he had no role in the digging and was merely the tractor owner. The State opposed the anticipatory bail application. Considering the facts, the court found the petitioner innocent of the alleged wrongdoing and, applying Section 482(2) of the B.N.S.S., allowed the anticipatory bail with a bail bond of Rs.10,000 and two sureties, subject to conditions.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the circumstances of the alleged offence under Sections 303(2) and 317(2) of the B.N.S.
Legislation cited
- B.N.S. — s. 303(2), 317(2), 482(2)
Subjects
- anticipatory bail
- Section 303
- Section 317
- Section 482
- government land
- illegal digging
- bail bond
Judgment
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
2 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
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