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Patna High Court

Satendra Singh @ Netaji @ Satyendra SinghversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted anticipatory bail to the petitioner, subject to bond, sureties and conditions, noting that the allegations were speculative and the petitioner pledged cooperation.

Summary

Satendra Singh sought anticipatory bail fearing arrest in a case registered under Sections 137(2) and 140(3) of the Bihar Narcotic Substances Act, 2023, based on an informant's allegation that his husband was abducted with his involvement. The petitioner argued that the allegations were purely speculative, that the FIR showed no concrete evidence or dispute, and that he would cooperate with the investigation. The State opposed bail, contending that the petitioner might abscond and that the investigation was ongoing. The Court examined the merits of the suspicion-based accusation and the risk of non‑cooperation, and decided to grant anticipatory bail with a bond of Rs.25,000 and two sureties, subject to conditions under Section 482(2) of the CrPC. The order also stipulated that the bail could be cancelled if the petitioner fails to cooperate or if a charge‑sheet is filed against him.

Issues considered

  • What is the appropriateness of granting anticipatory bail when the accusation is based solely on suspicion?
  • Whether the petitioner poses a risk of absconding or non‑cooperation with the investigation.
  • Whether conditions under Section 482(2) of the CrPC can be imposed to safeguard the investigation.

Legislation cited

Subjects

  • anticipatory bail
  • suspicion
  • false implication
  • Bihar Narcotic Substances Act
  • Section 482
  • investigation cooperation
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.16039 of 2026
                       Arising Out of PS. Case No.-16 Year-2025 Thana- BIDUPUR District- Vaishali
                 ======================================================
                 Satendra Singh @ Netaji @ Satyendra Singh S/O Late Ganesh Singh R/O
                 Vill.- Madhurapur, P.S.- Bidupur, Dist.- Vaishali.

                                                                                    ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Hemant Kumar, Adv.
                 For the Opposite Party/s :       Mr. Ramchandra Sahni, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   24-03-2026                  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 137(2),

                   140(3) of the B.N.S., 2023.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of one case and the informant alleges

                   that her husband Ratnesh had come to his village on 05.08.2024

                   from Madhurapur and her husband does not have a mobile,

                   further on 09.09.2024, petitioner called her on her mobile and

                   informed that her husband is well, next alleges that her mother-

                   in-law suffered fracture of leg, on account of which, she became

                   involved with her, further when she did not get any information

                   about her husband for a long time, the informant came to the
Patna High Court CR. MISC. No.16039 of 2026(2) dt.24-03-2026
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          village Madhurapur on 30.12.2024 but did not find her husband,

          thus enquired from petitioner who started evading, thus alleges

          that her husband was abducted in connivance with the petitioner.

                       4. Learned counsel for the petitioner submits that

          petitioner has been falsely implicated in the instant case by the

          informant based on suspicion. It is next submitted that from

          perusal of the FIR, it would manifest that the date of occurrence

          is 09.09.2024 and the FIR came to be instituted on 07.01.2025.

          It is next submitted that it does not appear probable that

          informant being wife of the victim would not have made

          endeavour to know about the whereabouts of the victim when

          she was aware that he does not carry mobile. It is also submitted

          that the informant could have called to the petitioner after

          09.09.2024 if the victim was not contacting her. It is next

          submitted that though informant in the FIR alleges that she got

          involved with her mother-in-law who suffered fracture of leg

          but then that itself by no stretch of imagination could be

          construed to have given an excuse to the informant of not trying

          to find out the whereabouts of her husband. It is next submitted

          that entire allegation hinges around suspicion. It is further

          submitted that FIR does not even remotely suggest that there

          was any dispute in between petitioner and the victim.
Patna High Court CR. MISC. No.16039 of 2026(2) dt.24-03-2026
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                       5. Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioner and submits that no doubt the

          petitioner has been implicated in the instant case based on

          suspicion but then from the FIR it is admitted that the victim is

          traceless and the investigation of the case is continuing and if

          privilege of anticipatory bail is granted to the petitioner, the

          petitioner may abscond, on which, the learned counsel

          appearing on behalf of the petitioner submits that petitioner will

          not abscond rather will cooperate in the investigation to prove

          his innocence.

                       6. Considering the submissions made by the learned

          counsel for the petitioner, the petitioner above-named, in the

          event of his arrest or surrender within a period of six weeks

          from today, be released on 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 Bidupur P.S. Case No.16/2025, subject to the

          conditions as laid down under Section 482(2) B.N.S.S.

                       7. 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
             Patna High Court CR. MISC. No.16039 of 2026(2) dt.24-03-2026
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                       despite giving assurance to this court is not co-operating in the

                       investigation in that event the learned trial court shall be at

                       liberty to cancel the bail bonds of the petitioner.

                                    8. It is further made clear that the present anticipatory

                       bail order shall come to an end, in the event, if charge sheet is

                       submitted against the petitioner.



                                                                (Satyavrat Verma, J)
amit/-

U        T


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