IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.29831 of 2025 Arising Out of PS. Case No.-595 Year-2024 Thana- RAJAOLI District- Nawada ====================================================== 1. Mantu Kumar Raut S/o Munna Raut R/o Village- Jagarnathdih, PS- Jamua, District- Giridih 2. Dilip Kumar S/o Surendra Yadav R/o vill - Aiwan Tola Gulezar Bigha, P.S.- Fatehpur, Distt.- Gaya 3. Dinesh Yadav S/o Hari Yadav R/o vill - Chitarkoli, P.s.- Rajauli, Distt. - Nawada 4. Ullej Kumar S/o Indradeo Prasad R/o vill - Bhaji Bhitta, P.S.- Rajauli, Distt.- Nawada ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 27682 of 2025 Arising Out of PS. Case No.-595 Year-2024 Thana- RAJAOLI District- Nawada ====================================================== 1. Rahul Raj Son of Rajendra Mehta Village -Lengra Pipar (Domchach) PS -Domchach District -Kodarma, Jharkhand 2. Narayan Prasad Yadav Son of Munna Raut Village -Simariya, PS -Domchach District -Kodarma, Jharkhand 3. Shambhu Mehta Son of Baijnath Mehta Village - Fulwariya, PS -Nawal Sahi, District -Kodarma, Jharkhand 4. vikash Kumar Yadav @ Vilash Kumar Yadav son of Narayan Prasad yadav Village - Simariya PS -Domchach District -Kodarma, Jharkhand ... ... Petitioner/s Versus 1. The State of Bihar 2. The Mines Department Bihar Patna ... ... Opposite Party/s ====================================================== Appearance : (In CRIMINAL MISCELLANEOUS No. 29831 of 2025) For the Petitioner/s : Mr. Raj Kishor Prasad, Advocate For the Opposite Party/s : Mr. Md. Mushtaque Alam, APP For the Mines Mr. Naresh Diskhit, Advocate (In CRIMINAL MISCELLANEOUS No. 27682 of 2025) For the Petitioner/s : Mr. Raj Kishor Prasad, Advocate For the Opposite Party/s : Mr. Nitya Nand Tiwary, APP Patna High Court CR. MISC. No.29831 of 2025(5) dt.05-08-2025 2/4 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 5 05-08-2025 Heard Mr. Raj Kishor Prasad, learned counsel for the petitioners, Mr. Md. Mushtaque Alam, learned APP for the State (in Cr.Misc. No. 29831 of 2025), Mr. Nitya Nand Tiwary, learned learned APP for the State (in Cr.Misc. No. 27682 of 2025) and Mr. Naresh Diskhit, learned counsel for the Mines Department. 2. The petitioners are apprehending their arrest in connection with Rajauli P.S. Case No. 595 of 2024, F.I.R. dated 20.12.2024 for the offences punishable under Sections 303(2), 317(2), 111(2) of the Bharatiya Nyay Sanhita, 2023. 3. According to prosecution case, the police on secret information that truck and hiwa loaded with stone chips are parked at Rajauli check post and some of them were without chall, went at the place of occurrence and arrested 7 cleaners and drivers. Hence the FIR. 4. Learned counsel for the petitioners submits that petitioners have clean antecedent and they have falsely been implicated in the present case. It appears from the FIR itself that on the basis of secret information the present FIR has been instituted and it also appears that the informant is not the eye witness of the present occurrence and the Mines Department has Patna High Court CR. MISC. No.29831 of 2025(5) dt.05-08-2025 3/4 not stated any thing about how the department has incurred the loss in revenue and similarly situated co-accused persons, namely, Sujeet Kumar Saw @ Sujeet Kumar sahu @ Sujit Kumar Sahu and Pankaj Kumar Verma @ Pankaj Kumar have been granted the privilege of anticipatory bail by this Court vide order dated 03.07.2025 in Cr. Misc. No. 39821 of 2025. 5. The learned Additional Public Prosecutor as well as learned counsel for the Mines Department have vehemently opposed the prayer for bail of the petitioners. 6. Considering the aforesaid facts and circumstances, petitioners have clean antecedent and there is no specific allegation against the petitioners in the FIR and on the basis of secret information, the present FIR has been instituted and similarly situated co-accused persons have been granted the privilege of anticipatory bail by this Court, let the petitioners, above named, in the event of arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-1, Nawada in connection with Rajauli P.S. Case No. 595 of 2024, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure / Section 482(2) of the Bhartiya Patna High Court CR. MISC. No.29831 of 2025(5) dt.05-08-2025 4/4 Nagarik Suraksha Sanhita and with other following conditions:- i. Petitioners shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on their absence on two consecutive dates without sufficient reason, their bail bond shall be cancelled by the Court below. ii. If the petitioners tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail. iii. And further condition that the court below shall verify the criminal antecedent of the petitioners and in case at any stage it is found that the petitioners have concealed their criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioners. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification. Suruchi/- (Rajesh Kumar Verma, J) U T