Jitendra Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23956 of 2025 Arising Out of PS. Case No.-279 Year-2023 Thana- MANER District- Patna ====================================================== Jitendra Rai S/o Rajendra Rai R/o Village- Sakkdi, P.S.- Koilwar, DistrictBhojpur, BIhar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ranjay Kumar For the Opposite Party/s :
Mr.Aditya Narayan Singh.1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 30-04-2025 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 8C/20B of Narcotic Drugs and Psychotropic Substances Act. 3.
Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and the informant alleges that Bacha Rai and Pachu Kumar were apprehended with seven sachets and four sachets of smack respectively and the motorcycle was seized, which they were driving. 4.
Learned counsel for the petitioner next submits that petitioner was not arrested for the spot as such nothing was recovered from his conscious possession. It is further submitted that from perusal of the allegation as alleged in the FIR, it
Patna High Court CR. MISC. No.23956 of 2025(2) dt.30-04-2025 2/3 would manifest that the informant specifically alleged that there were only two persons on the motorcycle, who were apprehended. It is submitted that petitioner came to be implicated on the ground that he is the owner of the seized motorcycle. It is further submitted that a specific pleading has been made at Para-12 of the anticipatory bail application that petitioner had gifted the motorcycle to his brother-in-law at the time of marriage of his sister. It is also submitted that petitioner has no concern with the apprehended accused, rather they are known to his brother-in-law from whom they had taken the motorcycle. It is next submitted that during the course of investigation also, no material was collected which could even remotely connect the petitioner with the offence or with the accused, who were apprehended. It is also submitted that petitioner will not abscond rather will cooperate in the investigation to prove his innocence.
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
Patna High Court CR. MISC. No.23956 of 2025(2) dt.30-04-2025 3/3 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 Maner P.S. Case No. 279 of 2023, 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, Rajendra Rai.
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 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