Patna High Court
Babaji @ Niranjan Das @ Niranjan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
Anticipatory bail is granted to the petitioner subject to the conditions specified.
Summary
The petitioner sought anticipatory bail fearing arrest in a case (Aurai P.S. Case No. 142 of 2025) under Sections 8 and 20(b)(ii)(c) of the NDPS Act for allegedly carrying ganja. The prosecution alleged that the petitioner, along with co‑accused, was in possession of the seized narcotics, while the petitioner contended he was not present at the scene, no seizure was made from him, and he has a clean antecedent. The State opposed the bail. The Court, after considering the submissions, granted anticipatory bail under Section 438(2) of the CrPC read with Section 482(2) of the Bihar Narcotic Substances Act, imposing a bail bond of Rs.10,000 with two sureties and several conditions regarding court attendance, future offences, and verification of antecedents. The order clarified that any observations made would not affect the trial. The bail was ordered to be effective if the petitioner is arrested or surrenders within four weeks.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438 CrPC in a case under the NDPS Act.
- Whether the petitioner’s alleged involvement in the alleged narcotics possession warrants denial of bail.
Legislation cited
- Bihar Narcotic Substances Act — s. 482(2)
- Code of Criminal Procedure — s. 438(2)
- Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 20(b)(ii)(c), 8
Subjects
- anticipatory bail
- NDPS Act
- Section 438 CrPC
- bail conditions
- criminal antecedent
- narcotics offence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2598 of 2026
Arising Out of PS. Case No.-142 Year-2025 Thana- AURAI District- Muzaffarpur
======================================================
Babaji @ Niranjan Das @ Niranjan Kumar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mrs. Bela Singh, Advocate
For the Opposite Party/s : Mr. Md. Aslam Ansari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
2 28-01-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. Petitioner apprehends his arrest in connection with
Aurai P.S. Case No. 142 of 2025 registered for the offences
under Sections 8, 20(b)(ii)(c) of N.D.P.S. Act.
3. As per the prosecution case, the allegation upon the
petitioner is that he along with the other co-accused named
persons were carrying ganja which is said to have been
recovered by the apprehended accused persons.
4. Learned counsel for the petitioner submits that the
petitioner was not apprehended at the place of occurrence and
his name has been disclosed at the behest of the apprehend
persons. It has further been submitted that no seizure has been
made from the possession of the petitioner and in fact, the
Patna High Court CR. MISC. No.2598 of 2026(2) dt.28-01-2026
2/3
petitioner has no concern whatsoever with the aforesaid seizure
of ganja. It has lastly been submitted that the petitioner has
clean antecedent.
5. Learned APP for the State has vehemently opposed
the prayer for anticipatory bail.
6. Considering the aforesaid submission, facts and
circumstances of the case, let the petitioner above named be
released on anticipatory bail, in the event of arrest or surrender
before the learned Court below within a period of four weeks
from today, on furnishing bail bonds of Rs.10,000/-(ten
thousand) with two sureties of the like amount each to the
satisfaction of the learned Court below where the case is
pending/successor court in connection with Aurai P.S. Case No.
142 of 2025 subject to the conditions as laid down under
Section 438(2) of the Code of Criminal Procedure read with
corresponding Section 482(2) of B.N.S.S. as well as subject to
the following conditions:-
(i) One of the bailors of the petitioner shall be his
close relative.
(ii) The petitioner shall remain physically present
in Court on each date of the trial.
(iii) In case of absence on two consecutive dates, or
Patna High Court CR. MISC. No.2598 of 2026(2) dt.28-01-2026
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in violation of the terms of the bail, the bail bond of
the petitioner will be liable to be cancelled by the
Court concerned.
(iv) If the petitioner is found involved in similar
nature of offence in future, the prosecution shall be
at liberty to move for cancellation of his bail bond.
(v) The learned Court below shall verify the
criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has
concealed his criminal antecedent, the court below
shall take step for cancellation of bail bond of the
petitioner. However, the acceptance of bail bonds in
terms of the above-mentioned order shall not be
delayed for purpose of or in the name of
verification.
7. Accordingly, the prayer for anticipatory bail is
allowed.
8. It is made clear that the observations, if any, made
in this order, shall be of no bearing during the trial.
(Sourendra Pandey, J)
aditya/-
U
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