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Patna High Court

Rahul RajversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted anticipatory bail to the petitioner subject to the conditions stipulated under Section 482(2) of the Bihar Narcotic Substances Act, 2023.

Summary

Petitioner Rahul Raj sought anticipatory bail after the police registered a case (PS Case No.429/2025) alleging offences under Sections 305, 331(4) and 3(5) of the Bihar Narcotic Substances Act, 2023, based largely on the informant’s suspicion that Rahul had transferred money from the informant’s mobile to a fake account and was involved in a theft from his house. The petitioner argued that the allegations were false, stemmed from a prior dispute where he had worked as a driver, and that he would cooperate with the investigation if bail were granted. The State opposed the bail, contending the seriousness of the offences. The Court, after considering the submissions, held that anticipatory bail could be granted subject to strict conditions, including a bail bond of Rs.10,000, two sureties of equal amount, and that one of the bailors be the petitioner’s father, Pappu Kumar, with the bail to be effected within six weeks of the order. The order was made under Section 482(2) of the Bihar Narcotic Substances Act, 2023.

Issues considered

  • Whether anticipatory bail should be granted in a case where the allegations are primarily based on suspicion and a prior dispute.
  • Whether the conditions imposed under Section 482(2) of the Bihar Narcotic Substances Act, 2023, are appropriate for granting anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • suspicion
  • theft
  • false implication
  • Section 482
  • Bihar Narcotic Substances Act
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.19173 of 2026
                   Arising Out of PS. Case No.-429 Year-2025 Thana- PATRAKARNAGAR District- Patna
                 ======================================================
                 Rahul Raj S/O Pappu Kumar R/O Bahadurpur Gumti, P.S- Agamkuan,
                 District- Patna,Bihar

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

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

2   07-04-2026                  1. Heard learned counsel for the petitioner and learned

                   A.P.P. for the State Mr. Rabindra Kumar.

                                2. The petitioner apprehends his arrest in a case

                   registered for the offences punishable under Sections 305,

                   331(4) and 3(5) of the B.N.S., 2023.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of one case under the Excise Act and

                   the informant alleges that in his absence theft was committed in

                   his house and jewellery and cash, as detailed in the FIR, were

                   stolen.

                                4. Learned counsel for the petitioner submits that

                   petitioner has been falsely implicated in the instant case by the

                   informant based on suspcion. It is next submitted that from

                   perusal of the FIR, it would manifest that informant also alleges
Patna High Court CR. MISC. No.19173 of 2026(2) dt.07-04-2026
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          that petitioner earlier was working with him as a driver and had

          transferred an amount of Rs.20282/- from the mobile of the

          informant in a fake account of Rohit Raj and when petitioner

          was scolded, he accepted his guilt, thus based on suspicion, it is

          alleged that petitioner might be involved in the occurrence. It is

          further submitted that the entire allegation hinges around

          suspicion and the date of occurrence is 24.10.2025 and FIR

          came to be instituted on 29.10.2025. It is further submitted that

          if privilege of anticipatory bail is granted, the petitioner will not

          abscond rather will cooperate in the investigation to prove his

          innocence.

                       5. Learned A.P.P. for the State Mr. Rabindra Kumar

          opposes the prayer for anticipatory bail of the petitioner.

                       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.10,000/- (Rupees Ten 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 Patrakar Nagar P.S. Case No.429/2025, subject to the

          conditions as laid down under Section 482(2) B.N.S.S.
             Patna High Court CR. MISC. No.19173 of 2026(2) dt.07-04-2026
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                                    7. Further, one of the bailors of the petitioner shall be

                       his father, namely, Pappu Kumar.



                                                 (Satyavrat Verma, J)
amit/-

U        T


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