Babaji @ Niranjan Das @ Niranjan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2598 of 2026 Arising Out of PS. Case No.-142 Year-2025 Thana- AURAI District- Muzaffarpur ====================================================== Babaji @ Niranjan Das @ Niranjan Kumar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mrs. Bela Singh, Advocate For the Opposite Party/s :
Mr. Md. Aslam Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER 28-01-2026 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. Petitioner apprehends his arrest in connection with Aurai P.S. Case No. 142 of 2025 registered for the offences under Sections 8, 20(b)(ii)(c) of N.D.P.S. Act.
3. As per the prosecution case, the allegation upon the petitioner is that he along with the other co-accused named persons were carrying ganja which is said to have been recovered by the apprehended accused persons.
4. Learned counsel for the petitioner submits that the petitioner was not apprehended at the place of occurrence and his name has been disclosed at the behest of the apprehend persons. It has further been submitted that no seizure has been made from the possession of the petitioner and in fact, the
Patna High Court CR. MISC. No.2598 of 2026(2) dt.28-01-2026 2/3 petitioner has no concern whatsoever with the aforesaid seizure of ganja. It has lastly been submitted that the petitioner has clean antecedent.
5. Learned APP for the State has vehemently opposed the prayer for anticipatory bail.
6. Considering the aforesaid submission, facts and circumstances of the case, let the petitioner above named be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bonds of Rs.10,000/-(ten thousand) 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 Aurai P.S. Case No. 142 of 2025 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure read with corresponding Section 482(2) of B.N.S.S. as well as subject to the following conditions:- (i) One of the bailors of the petitioner shall be his close relative.
(ii) The petitioner shall remain physically present in Court on each date of the trial.
(iii) In case of absence on two consecutive dates, or
Patna High Court CR. MISC. No.2598 of 2026(2) dt.28-01-2026 3/3 in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the Court concerned.
(iv) If the petitioner is found involved in similar nature of offence in future, the prosecution shall be at liberty to move for cancellation of his bail bond. (v) The learned Court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. 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.
7. Accordingly, the prayer for anticipatory bail is allowed.
8. It is made clear that the observations, if any, made in this order, shall be of no bearing during the trial. (Sourendra Pandey, J) aditya/- U