Raj @ Rajkumar Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50039 of 2025 Arising Out of PS. Case No.-227 Year-2025 Thana- JAHANABAD District- Jehanabad ====================================================== Raj @ Rajkumar Gupta, S/o Manoj Kumar @ Manoj Kumar Prasad, R/o Mohalla- Arwal More, Pore P.G.Road Jehanabad, P.S.- Jehanabad, DistrictJehanabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Saobiya Mushtaque, Advocate For the Opposite Party/s :

Mr. Arun Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER 22-08-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. Petitioner apprehends his arrest in connection with Jehanabad P.S. Case No. 227 of 2025 registered for the offences under Sections 8(C), 21(a) and 29 of the NDPS Act, 1985.

3. As per the prosecution case, the police, during the course of patrolling, intercepted five persons, who disclosed their names and the names of the two persons who fled, including this petitioner. On search from the possession of one Shivam, 4.30 gm smack was recovered.

4. Learned counsel for the petitioner submits that the petitioner was not apprehended at the place of occurrence, and his name has transpired in the statement of the other apprehended accused person, who disclosed that the petitioner and one another had given him smack and both fled away.

Patna High Court CR. MISC. No.50039 of 2025(2) dt.22-08-2025 2/3 Learned counsel for the petitioner further submits that the petitioner has falsely been implicated in this case and no incriminating articles have been recovered from his possession. Petitioner has no criminal antecedent.

5. Learned APP for the State has opposed the prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and the submissions advanced on behalf of the parties, 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 Jehanabad P.S. Case No. 227 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.

Patna High Court CR. MISC. No.50039 of 2025(2) dt.22-08-2025 3/3 (iii) In case of absence on two consecutive dates, or 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.

(Sourendra Pandey, J) manoj/- U T