Patna High Court
CR. MISC./57180/2026 of Dhananjay Kumar Vs The State of Bihar on 19 August 2026
COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.57180 of 2026 Arising Out of PS. Case No.-72 Year-2026 Thana- RAJAOLI District- Nawada ====================================================== 1. Dhananjay Kumar S/o Mahendra Singh R/o Village- Ratoi, PS- Roh, District- Nawada 2. Mukesh Yadav
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.57180 of 2026
Arising Out of PS. Case No.-72 Year-2026 Thana- RAJAOLI District- Nawada ======================================================
1.
Dhananjay Kumar S/o Mahendra Singh R/o Village- Ratoi, PS- Roh, District- Nawada
2.
Mukesh Yadav S/o Bhola Yadav R/o Village- Jharain, PS- Kadirganj, District- Nawada
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s
:
Mr. Bhaskar Shankar, Advocate
:
Mr. Saket Kumar Singh, Advocate
For the Opposite Party/s :
Mr. Ajit Kumar, A.P.P.
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
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ORAL ORDER
19-08-2026 Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 305(e), 303(2) and 317(2) of the B.N.S.
3. The allegation in the F.I.R. is that the police along with Mining Officer made an inspection and seized 16 trucks which were overloaded with stone chips and on seeing the police, truck drivers fled away.
4. Learned counsel for the petitioners has submitted that although the trucks in question were said to have been found during the course of a raid at the border of Bihar and Patna High Court CR. MISC. No.57180 of 2026(2) dt.19-08-2026
Jharkhand loaded with stone chips on 07.02.2026 at about 8:30 P.M., the seizure list in the said case was strangely enough, prepared on the following day i.e. on 08.02.2026 at about 07:15 A.M. and there is no explanation whatsoever for the inordinate delay in preparation of the seizure list. It is further submitted that the petitioner no.1 is the owner and petitioner no.2 is the driver of the said truck bearing Registration No. BR27GA/8161, and the said truck was very much in Jharkhand, which would also be evident from the GPS tracking system which is (Annexure-2) of the present application. The truck of the petitioners was subsequently seized with mala fide intention and this argument gains strength from the fact that the seizure list is also a delayed document. Learned counsel has also made a reference to (Annexure-3) which is an order of this Court considering the matter of GPS tracking for release of the truck in question.
5. Learned APP for the State opposed the prayer for anticipatory bail on the ground of the petitioners having two criminal antecedents. However, in response it has been submitted that the same are not of similar nature and petitioners are on bail in the said cases.
6. Taking into consideration the facts and Patna High Court CR. MISC. No.57180 of 2026(2) dt.19-08-2026
circumstances of the case and also considering the fact that the seizure list has been prepared after an inordinate delay and the GPS tracking system indicates that the truck in question was in the State of Jharkhand, let the above named petitioners who are the owner and the driver of the truck, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Rajauli P.S. Case No. 72 of 2026, subject to the condition as laid down under Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 subject to following conditions:-
(i) One of the bailors shall be a family member/close relative.
(ii) The petitioner shall co-operate with the investigation/trial.
ayush/- (Soni Shrivastava, J) U T