Jitendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76967 of 2025 Arising Out of PS. Case No.-602 Year-2025 Thana- PIRBAHOR District- Patna ====================================================== Jitendra Kumar Son of Ramprit Manjhi @ Ramprit Mahto Resident of Nasriganj, Takiyapar, P.S.- Danapur, District- Patna ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 86528 of 2025 Arising Out of PS. Case No.-602 Year-2025 Thana- PIRBAHOR District- Patna ====================================================== RANJAN KUMAR Son of Rambabu Thakur Resident of village - Nayi Sadak Hamam Gali, Patna City SBI Bank, Police Station - Chowk, District - Patna. ... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 76967 of 2025) For the Petitioner/s :

Mr. Pranav Kumar Jha, Advocate For the Opposite Party/s :

Mr. Gulnar Begum, APP (In CRIMINAL MISCELLANEOUS No. 86528 of 2025) For the Petitioner/s :

Mr. Sarvesh Kashyap, Advocate For the Opposite Party/s :

Mr. Harendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER 08-01-2026 Heard the learned counsels for the petitioners and learned APP for the State.

2. The learned counsel for the petitioner, namely, Ranjan Kumar files a supplementary affidavit stating therein that the Annexure-P/2 which was earlier filed along with the main bail application may kindly be read to be

2/6 deleted and he shall not be pressing upon the same.

3. Prayer is accorded.

4. Petitioners, who are in custody, seeks bail in connection with Pirbahore P.S. Case No. 602 of 2025 registered for the offence(s) punishable under Section(s) 21 and 22(b)(b) of the N.D.P.S. Act and under Section 30(a) of the Bihar Prohibition and Excise Act.

5. As per the prosecution case, during the course of patrolling, the informant received information that a consignment containing illegal narcotic drugs and illicit liquor was being stored in the basement of a premises situated at G.M. Road. Acting on the said information, a search was conducted, during which a huge quantity of narcotic substances, namely 7,500 tablets of Anxit 0.5 mg and 1,550 bottles of 100 ml each of Onrex cough syrup, totalling 155 litres was seized from the place of occurrence. The petitioner, Jitendra Kumar, was apprehended at the spot.

6. The learned counsel for the petitioner, Jitendra Kumar, submits that he has falsely been implicated in the present case and has no concern whatsoever with the

3/6 recovered material. It is submitted that the petitioner is neither the owner of the shop nor in any manner connected with the sale or storage of the alleged narcotic substances. It is further submitted that the place of occurrence belongs to one Ranjan Kumar with whom the petitioner has no connection whatsoever. It is also contended that the petitioner's name has been introduced at the behest of his enemies. It has lastly been submitted that he has only one criminal antecedent that too under Excise Act and he is in custody since 02.08.2025.

7. Learned counsel appearing on behalf of the petitioner, Ranjan Kumar, submits that the allegations levelled against him are false and fabricated and that he has no concern whatsoever with the recovered material. It is submitted that neither the shop nor the building belongs to the petitioner rather, the same was being run by the actual owner of the building. It is further submitted that barring the false statement there is nothing on record to connect the petitioner with the alleged occurrence. It is also contended that the mandatory provisions of Section 50 of the N.D.P.S. Act have not been complied with. It has lastly been

4/6 submitted that he has clean antecedent and he is in custody since 07.09.2025.

8. The petitioner, namely, Jitendra Kumar is willing and undertakes to deposit a sum of Rs. 5,000/- in the account of Lawyers' Association Welfare Benevolent Fund, bearing Account No. 7801893276, IFSC Code: IDIB000L501, Indian Bank, LNMI Branch, Bailey Road, Patna.

9. The learned A.P.P. has vehemently opposed the prayer for bail.

10. Regard being had to the facts and circumstances of the case, let the petitioners, above named, be released on bail on furnishing bail bond 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 Pirbahore P.S. Case No. 602 of 2025, subject to the following conditions:- (i) One of the bailors of the petitioners shall be their close relative and the other shall be the local resident. (ii) The petitioners shall remain physically present in Court on each date of the trial.

5/6 (iii) In case of absence on two consecutive dates or in violation of the terms of the bail, the bail bond of the petitioners will be liable to be cancelled by the court concerned.

(iv) If the petitioners are 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 petitioners and in case at any stage it is found that the petitioners have concealed their criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioners. 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.

(vi) In view of the antecedents of the petitioners, the petitioners are directed to appear before the Superintendent of Police, Patna within fifteen days of his release with a copy of this order and every two weeks thereafter for the next nine months. The conduct of the petitioners will be kept under watch in this period by the

6/6 Superintendent of Police concerned and if it is found wanting in any respect, a report shall be made to the court concerned by him to initiate a proceeding for cancellation of bail for reasons of misuse of bail. After reporting to the Superintendent of Police, a certificate will be filed by the petitioners before the court concerned.

11. The bail bond of the petitioner, Jitendra Kumar shall be accepted by the learned Trial Court on showing receipt of deposit of aforesaid amount with the Lawyers' Association Welfare Benevolent Fund.

12. Accordingly, the prayer for bail is allowed.

13. It is made clear that the observation, if any, made in this order, shall be of no bearing during the trial. (Sourendra Pandey, J) aditya/- U T