Niranjan Kumar @ Gandol v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3037 of 2026 Arising Out of PS. Case No.-639 Year-2025 Thana- BIHAR District- Nalanda ====================================================== Niranjan Kumar @ Gandol Son of Surendra Yadav @ Surendra Prasad R/o Mohalla - Pandit Nagar, P.S. - Bihar sharif - District - Nalanda. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sudhir Kumar, Adv.
For the Opposite Party/s :
Mr.Rajendra Nath Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 23-02-2026 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in connection with Bihar P.S. Case No. 639 of 2025 dated 23.11.2025 registered for the offence punishable under Section/s 8(c), 21(b) of the N.D.P.S. Act.
3. As per the prosecution case, the police has recovered total 548 power-like packets (brown sugar) weighing 289.15 grams with and 30.36 grams without packaging and a total sum of Rs. 5,12,605/- from the house of co-accused Sudhir Kumar.
4. Counsel for the petitioner submits that from the contents of the F.I.R., it appears that the name of the petitioner has transpired in this case on the basis of the statement made by
2/4 one Ashutosh Kumar @ Rahul, who is said to have also taken the name of co-accused Niranjan Kumar @ Gandol along with the present petitioner. It is the case of the petitioner that on the disclosures made by the co-accused Ashutosh Kumar @ Rahul, a raid was conducted and the alleged recovery is said to have been made from the house of the co-accused Sudhir Kumar, while nothing incriminating is said to have been recovered from the possession of the petitioner. Counsel for the petitioner fairly submits that there are five antecedents of the petitioner and in all of them, he is on bail except one being Bihar P.S. Case No. 08 of 2020 in which his acquittal has been recorded. It is lastly submitted that the petitioner is ready to abide by the terms and conditions imposed in this case, in case the benefit of privilege of anticipatory bail is extended to him.
5. Learned APP for the State opposes the prayer for grant of anticipatory bail.
6. Having heard learned counsel for the petitioner and considering the fact that nothing incriminating has been recovered from the conscious possession of the petitioner or from his house, this Court is inclined to grant anticipatory bail to the petitioner.
7. Let the petitioner, above named, be released on
3/4 anticipatory bail in the event of his arrest or surrender before the court below within a period of four weeks from today on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned District & Additional Sessions Judge-I -cum- Special Judge, Bihar Sharif, Nalanda in connection with Bihar P.S. Case No. 639 of 2025, subject to the condition as laid down under Section 482(2) of the B.N.S.S. as well as the following conditions:
(i) One of the bailors should be the family member/relative/known of the petitioner(s) who shall who shall provide official document / personal affidavit to show his/her bona fide;
(ii) the petitioner(s) 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(s) 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;
(iv) the petitioner(s) shall desist from committing any
4/4 criminal offence again, failing which the State shall be at liberty to take steps for cancellation of their bail bonds. (Ajit Kumar, J) rishi/- U T