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Patna High Court

Anuj KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court granted bail to the petitioner on the condition of a bond and sureties.

Summary

Anuj Kumar was arrested in a case registered under Section 303(2) of the Bihar Narcotic Substances Act for the alleged theft of a bike belonging to an informant. The petitioner claimed he was falsely implicated, stating that the FIR named unknown miscreants and that he was forced by police to become a witness, leading to his framing. He had been in judicial custody since 6 December 2025 and asserted innocence, while the prosecution highlighted his prior criminal antecedents in two other cases. The State opposed bail, citing the seriousness of the offence and his past record. After hearing both sides, the Patna High Court granted regular bail on the condition of a Rs.10,000 bond with two sureties, directing the petitioner to appear before the appropriate magistrate.

Issues considered

  • Whether bail should be granted to the petitioner in a case under Section 303(2) of the Bihar Narcotic Substances Act considering the alleged false implication and his prior criminal antecedents.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • Section 303(2)
  • false implication
  • prior criminal antecedent
  • judicial custody

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.26780 of 2026
                      Arising Out of PS. Case No.-137 Year-2025 Thana- GOVINDGANJ District- East
                                                       Champaran
                 ======================================================
                 Anuj Kumar, S/o Late Chandrika Dubey, R/o Village - Ramjit, P.S. -
                 Bishambharpur, District - Gopalganj.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Indrajeet Bhushan, Advocate
                 For the Opposite Party/s :       Mr.Ajay Kumar Jha, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   22-04-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for regular bail in a case

                   registered for the offence punishable under Section 303(2) of

                   B.N.S.

                                3. The case of the prosecution, in short, is that

                   unknown miscreants have stolen bike of the informant.

                                4. Learned counsel appearing on behalf of the

                   petitioner has submitted that petitioner is innocent and has

                   committed no offence. He has been falsely implicated in this

                   case. The F.I.R. was lodged against unknown miscreants. He

                   was remanded in this case from Kuchaikote P.S. Case No. 266

                   of 2025 wherein he has given his confessional statement and the
             Patna High Court CR. MISC. No.26780 of 2026(2) dt.22-04-2026
                                                         2/2




                       stolen bike has been recovered from his possession. Learned

                       counsel for the petitioner has submitted that police has forced

                       the petitioner to become a seizure list witness to which he

                       denied and that is why he has been framed in this case. It has

                       further been submitted that this case is triable by learned

                       Judicial Magistrate 1st Class. Petitioner is languishing in judicial

                       custody since 06.12.2025.

                                    5. Learned APP appearing for the State has

                       vehemently opposed the application for bail and has submitted

                       that petitioner is having criminal antecedent of two cases.

                                    6. Having heard learned counsel for the parties and

                       considering the facts and circumstances of the case, this Court is

                       inclined to enlarge the petitioner on bail. The above named

                       petitioner is directed to be enlarged on bail on furnishing bail

                       bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties

                       of the like amount each to the satisfaction of the learned

                       A.C.J.M.-I, Motihari, East Champaran in connection with

                       Govindganj P.S. Case No. 137 of 2025.


                                                         (Ashok Kumar Pandey, J)

lata/-
U        T


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