Kundan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14569 of 2025 Arising Out of PS. Case No.-196 Year-2024 Thana- RUPAULI District- Purnia ====================================================== Kundan Kumar Son of Randhir Mehta @ Randhir Prasad Mehta Resident of village - Dhobgiddha, Ward No.03, P.S. - Raupauli, District - Purnea ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raj Kumar For the Opposite Party/s :

Mr.Raj Kishor Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 02-04-2025 1.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

2.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 8(c) and 21(b) of the Narcotics Drugs and Psychotropic Substances Act. 3.

The learned counsel for the petitioner submits that petitioner is a person with clean antecedent and is a young boy aged about 25 years and the informant alleges that a motorcyclist, on seeing the police force, fell from the motorcycle and fled and from the polythene 6.3 gms of smack was recovered along with mobile and pan card and on the pan card name of the petitioner was recorded.

4.

The learned counsel for the petitioner next submits

2/4 that since the name of the petitioner was recorded on the pan card, as such he came to be implicated. It is further submitted that petitioner is a student and prepares for competitive examination, as would manifest from Annexure-2 to the anticipatory bail application. It is next submitted that on the date of occurrence, the petitioner had taken the motorcycle of his uncle, who is an army personal, for going to the market for getting his documents photostated, further after parking the motorcycle, he went to a shop and when he returned, the motorcycle was missing, as such he went to the concerned PS but then the FIR was not taken and the instant FIR came to be instituted subsequently.

It is also submitted at the cost of repetition that petitioner is a person with clean antecedent and is a young boy aged about 25 years and in the event if he is sent to judicial custody in the nature of allegation as alleged in the FIR without appreciating the defence of the petitioner for the purposes of bail, his entire career would get jeopardized and chances are bright that he may come in contact with hardened criminals and his entire career would get jeopardized. It is also submitted that the petitioner will not abscond rather will cooperate in the investigation to prove his innocence.

3/4 much less than the commercial quantity and a little more than small quantity.

5.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

6.

Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 25,000/- (Rupees Twenty-five Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Rupauli P.S. Case No. 196 of 2024, subject to the conditions as laid down under Section 482 (2) of the BNSS.

7.

One of the bailors of the petitioner shall be his father, Randhir Mehta @ Randhir Prasad Mehta. 8.

However, it is made clear that in the event, if the Investigating Officer of the case files an application before the learned trial court bringing to its notice that the petitioner, despite giving assurance to this Court, is not cooperating in the investigation or is not presenting himself as and when required, the learned trial court shall be at liberty to forthwith cancel the

4/4 bail bonds of the petitioner after recording reasons. 9.

Let a copy of this order be sent to the concerned police station through the learned Trial Court. (Satyavrat Verma, J) SUMIT/- U T