Anurag Raj v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22470 of 2025 Arising Out of PS. Case No.-898 Year-2024 Thana- SASARAM NAGAR District- Rohtas ====================================================== Anurag Raj Son of Bulaki Chandrabanshi Resident of Village- Mubarakganj, Police Station- Sasaram (Town), District- Rohtas ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Raghunandan Kumar Singh, Advocate For the Opposite Party/s :

Mr. Arun Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 29-08-2025 Heard learned counsel for the petitioner and learned APP for the State. Perused the case diary.

2.

The petitioner seeks bail in Sasaram Town P.S. Case No. 898 of 2024 instituted for the offences under Sections 21, 23, 25, 25A, 27(a), 29, 30 & 32 of the NDPS Act and 25(1b)a, 26 & 35 of the Arms Act. 3.

As per FIR, the informant has alleged that on 01.11.2024 at about 5 0' clock, on the basis of secret information, he along with others raided in the house of Rohan Chandravanshi. On seeing the police, one person tried to flee away, who was caught. On query, he disclosed his name Altumas and also disclosed that he and his associates Rohan Kumar @ Rohan Chandravanshi, Vikas Kumar @ Appu, Anurag

Patna High Court CR. MISC. No.22470 of 2025(4) dt.29-08-2025 2/3 Raj (petitioner) were illegally selling heroin in Sasaram locality. It is further alleged that on raiding the house of Rohan, informant caught Rohan Kumar @ Rohan Chandravanshi, Gandhi Kumar, Yash Kumar, Kundan Kumar and Vicky Kumar @ Mangru. During search, 930 grams, 722 grams and 233 grams heroin along with live cartridges etc. have been recovered from various places at the instance of accused persons. 4.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. The petitioner is in custody since 03.11.2024 and has five criminal antecedents. There is no allegation of tampering of witnesses alleged against the petitioner. Learned counsel further submits that although huge amount of contraband has been recovered but the same has been recovered from co-accused persons and, in fact, no recovery of contraband has been made from the conscious possession of the petitioner. Even though, if the recovery is taken on its face value, there is recovery of 223 grams heroine from possession of co-accused, namely, Rohan, hence, there is no bar under Section 37 of the NDPS Act. There is no compliance of Sections 42 & 50 of the NDPS Act.

5.

Learned A.P.P. for the State has vehemently

Patna High Court CR. MISC. No.22470 of 2025(4) dt.29-08-2025 3/3 opposed the prayer for grant of bail to the petitioner. 6.

Considering the aforesaid facts and circumstances of the case and since nothing has been recovered from the conscious possession of the petitioner, this Court is inclined to grant bail to the petitioner.

7.

Let the petitioner be released on bail on furnishing bail bonds of Rs.15,000/- (Fifteen thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Sasaram Town P.S. Case No. 898 of 2024.

(Rudra Prakash Mishra, J) Raj Kishore/- U T