Amarjeet Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75086 of 2025 Arising Out of PS. Case No.-57 Year-2025 Thana- KAJRAILI District- Bhagalpur ====================================================== Amarjeet Kumar Son of Sachidanand Yadav Village -Tamauni More, Ps -Kajraili, District -Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Bhanu Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 19-11-2025 Heard Mr. Ranjan Kumar Jha, learned counsel for the petitioner and the State.

2. The petitioner is apprehending arrest in connection with Kajraili P.S. Case No. 57 of 2025 instituted under Sections 21(a), 22 of the Narcotic Drugs and Psychotropic Substances Act lodged on 11.06.2025 by the informant, Nibha

3. As per the prosecution story, the allegation in the FIR lodged by the Police officials, according to which, on information that in the tea stall, the petitioner is selling brown sugar, the place was raided and there is recovery/seizure of 44 grams of brown sugar with paper. The mother of the petitioner who was present at the stall was arrested. This followed the FIR.

4. Learned counsel for the petitioner submits that nothing has been recovered from his conscious possession, from an open public place, the recovery/seizure has been made for

Patna High Court CR. MISC. No.75086 of 2025(2) dt.19-11-2025 2/3 which the mother was arrested, in any case, the recovery/seizure is below the 250 grams, the commercial quantity.

5. Learned APP opposes the prayer submitting that on information, the raid took place and recovery happened.

6. Considering the submissions of the parties as also the materials on record, nothing has been recovered from his conscious possession, he has no criminal antecedent, the recovery/seizure is below the commercial quantity, in that background, this Court is inclined to extend him the privilege of anticipatory bail.

7. Let the petitioner be released on bail, in the event of his arrest or surrender before the subordinate court within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each in connection with Kajraili P.S. Case No. 57 of 2025 to the satisfaction of learned Principal District and Sessions Judge, Bhagalpur subject to the conditions as laid down under Section 438(2) of the Cr.P.C. as also the other conditions.

(i) one of the bailor should be the family member/relative of the petitioner who shall provide official document to show his/her bona fide;

Patna High Court CR. MISC. No.75086 of 2025(2) dt.19-11-2025 3/3 (ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself;

(iii) the petitioner shall appear before the concerned police station every month for next one year to mark his attendance and at the end of the period a certificate be submitted before the Trial Court failing which the State shall be at liberty to take steps for cancellation of bail bonds; (iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;

(v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds. (Rajiv Roy, J) Ravi/- U T