Patna High Court
Raju Kumar Singh @ Raju SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted anticipatory bail to the petitioners subject to the conditions prescribed under Section 438(2) Cr.P.C. and Section 482(2) B.N.S.S.
Summary
The petitioners, four brothers from Jhauwa village, sought anticipatory bail fearing arrest in a case registered under Sections 115(2), 126(2), 109(1) and 3(5) of the Bihar Narcotic Substances Act, 2023. They contended they have clean antecedents and were falsely implicated by an informant who alleged an assault on 19‑12‑2025, but offered no specific motive or detailed evidence. The State opposed the bail, arguing the seriousness of the offences. The Court examined the lack of concrete evidence and the petitioners’ clean record, and applied the provisions of Section 438(2) of the Criminal Procedure Code and Section 482(2) of the B.N.S.S. The Court granted anticipatory bail, subject to a bail bond of Rs.10,000 with two sureties and compliance with conditions laid down by the trial court.
Issues considered
- Whether anticipatory bail can be granted under Section 438 Cr.P.C. in a case involving alleged offences under the B.N.S. Act, 2023.
- Whether the allegations made by the informant constitute sufficient ground to deny bail.
Legislation cited
- Bihar Narcotic Substances Act, 2023 — s. 109(1), 115(2), 126(2), 3(5)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- false implication
- assault
- bail conditions
- Criminal Procedure Code
- Bihar Narcotic Substances Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17418 of 2026
Arising Out of PS. Case No.-456 Year-2025 Thana- BIHIA District- Bhojpur
======================================================
1. Raju Kumar Singh @ Raju Singh S/O Anil Singh Resident of Village-
Jhauwa, P.S.- Bihiya, District Bhojpur
2. Golu Singh S/O Anil Singh Resident of Village- Jhauwa, P.S.- Bihiya,
District Bhojpur
3. Raj Kumar Singh @ Raja Singh S/O Rajendra Singh Resident of Village-
Jhauwa, P.S.- Bihiya, District Bhojpur
4. Anil Singh S/O Late Dudhnath Singh Resident of Village- Jhauwa, P.S.-
Bihiya, District Bhojpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajay Kumar Singh, Advocate
For the Opposite Party/s : Mr. Syed Mojibur Rahman, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 18-04-2026 1. Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case
registered for the offences punishable under Sections 115(2),
126(2), 109(1) and 3(5) of the BNS, 2023.
3. Learned counsel for the petitioners submits that
petitioners are persons with clean antecedent and the informant
alleges that on 19.12.2025, at 06:00 p.m., he was going to give
mobile to his father when he was intercepted by the named
accused persons including the petitioners at 06:00 p.m. and the
accused persons assaulted him by rod, lathi, danda causing
Patna High Court CR. MISC. No.17418 of 2026(2) dt.18-04-2026
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injury on his head, neck and back.
4. Learned counsel for the petitioners submits that
petitioners have been falsely implicated in the instant case by
the informant. It is further submitted that no motive for the
occurrence is alleged and even the allegation of assault is
general and omnibus in nature. It is next submitted that
petitioners are not the criminals.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioners.
6. Considering the submissions made by the learned
counsel appearing on behalf of the petitioners, let the
petitioners, above-named, in the event of their arrest or
surrender within a period of six weeks from today, be released
on anticipatory bail on furnishing bail bonds of Rs.10,000/-
(Rupees Ten Thousand) each 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 Bihiya
P.S. Case No. 456 of 2025, subject to the conditions as laid
down under Section 438(2) of the Cr.P.C./482(2) of the B.N.S.S.
(Satyavrat Verma, J)
Kundan/-
U T
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