Badal Kumar Vs The State of Bihar — Bail and Remand | Patna HC (2025)

Badal Kumar Vs The State of Bihar — Bail and Remand | Patna HC (2025)

What the court decided

AI extract

Outcome

Petitioner directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned District & Additional Sessions Judge, Nawada in connection with Sirdalla P.S. Case No. 373 of 2024, subject to the conditions of Section 437(3) Cr.P.C., with one bailor to be a close relative, presence on each date fixed by the court below, and the bail bond liable to cancellation on absence for three consecutive dates or violation of bail terms.

Issue for consideration

Whether the petitioner, apprehended in connection with Sirdalla P.S. Case No. 373 of 2024 registered for the alleged offences under Sections 281, 303(2), 317(2) of Bharatiya Nyaya Sanhita, 2023, is entitled to be released on bail.

Court's answer

Having regard to the facts and circumstances, the submissions made on behalf of the parties, the period of custody of the petitioner and the submission of charge-sheet, the petitioner is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned District & Additional Sessions Judge, Nawada.

Ratio / Principle

Bail is subject to the conditions mentioned in Section 437(3) of the Cr.P.C. and further conditions: one bailor will be a close relative of the petitioner; the petitioner will remain present on each date fixed by the court below; and in case of absence on three consecutive dates or violation of the terms of bail, the bail bond will be liable to be cancelled by the court concerned.

Detailed headnote1 paragraphs

Bail — Granted. Patna High Court (Arun Kumar Jha, J), CRIMINAL MISCELLANEOUS No.89054 of 2024, decided 08-01-2025. Petitioner sought bail in Sirdalla P.S. Case No. 373 of 2024 (Dist. Nawada), registered for alleged offences under Sections 281, 303(2), 317(2) of Bharatiya Nyaya Sanhita, 2023, arising from a raid on alleged illegal mining/loading of sand onto a tractor; the tractor driver fled after meeting with an accident and the petitioner was apprehended. Counsel contended the petitioner was innocent, a mere labourer, neither owner nor driver of the tractor nor owner of the sand (stated to be apparent from the FIR), with antecedents of two cases in both of which he was on bail; he had been in custody since 05.10.2024 and the charge-sheet stood submitted. Considering the period of custody and submission of charge-sheet, the Court directed release on bail on a bond of Rs. 10,000/- with two sureties of the like amount each before the learned District & Additional Sessions Judge, Nawada, subject to Section 437(3) Cr.P.C. conditions and further conditions: one bailor a close relative, presence on every date fixed by the court below, and liability of the bond to cancellation on absence for three consecutive dates or violation of bail terms.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.89054 of 2024

Arising Out of PS. Case No.-373 Year-2024 Thana- SIRDALA District- Nawada

======================================================

Badal Kumar S/O Bishundhari Prasad R/o Vill. - Dubri Bigha, P.S - Sirdalla, District – Nawada.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr. Pankaj Kumar, Advocate For the Opposite Party/s : Mr. Anuj Kumar Shrivastava, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER

2 08-01-2025

Heard learned counsel for the petitioner and learned

APP for the State.

In the present case, the petitioner seeks bail in connection with Sirdalla P.S. Case No. 373 of 2024 registered for the alleged offences under Sections 281, 303(2), 317(2) of Bharatiya Nyaya Sanhita, 2023.

As per prosecution case, police received secret information about illegal mining of sand and found that a tractor was being loaded with illegal sand. On seeing the raiding party, the driver of the tractor tried to run away with the tractor but he met with an accident. The petitioner was apprehended and the driver of the tractor fled away from the spot.

Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this

Patna High Court CR. MISC. No.89054 of 2024(2) dt.08-01-2025 2/3

case. The petitioner is neither the owner nor the driver of the said tractor nor the owner of the sand. The petitioner is a labourer and this fact is also apparent form the FIR. The petitioner is having antecedent of two cases and he is on bail in both the cases. The petitioner is in custody since 05.10.2024 and charge-sheet has been submitted.

Learned APP for the State opposes the prayer for

bail.

Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the period of custody of the petitioner along with submission of charge-sheet, the petitioner above named is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned District & Additional Sessions Judge, Nawada in connection with Sirdalla P.S. Case No. 373 of 2024, subject to the conditions mentioned in Section 437(3) of the Cr.P.C. and the following conditions:

(i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below.

Patna High Court CR. MISC. No.89054 of 2024(2) dt.08-01-2025 3/3

(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J)

Ashish/-

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