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Patna High Court

Budhraj SinghversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court held that the petitioners are entitled to regular bail on the condition of furnishing a bond and sureties, subject to revocation if they attempt to delay the trial.

Summary

The petitioners, Budhraj Singh and his son Guddu Kumar, were arrested in connection with offences under Sections 126(2), 115(2), 109, 351(2), 352, 117(2) and 3(5) of the Bihar Narcotic Substances Act, 2023. They applied for regular bail after an earlier anticipatory bail application was withdrawn following their arrest. The petitioners argued that they have clean or minimal antecedents, that the allegations of assault are vague, and that similar applicants (Rita Devi and Prince Kumar) had been granted anticipatory bail. The State opposed the bail, contending that the seriousness of the offences warranted continued custody. The Court, after considering the submissions, ordered that the petitioners be released on bail upon furnishing a bond of Rs.10,000 with two sureties, while warning that the trial court may cancel bail if the petitioners attempt to delay the framing of charge or the trial. The order thus grants regular bail with conditions and leaves the trial court discretion to revoke it if necessary.

Issues considered

  • Whether the petitioners are entitled to regular bail despite the nature of the offences charged under the Bihar Narcotic Substances Act, 2023.
  • Whether the allegations in the FIR are sufficiently specific to deny bail.
  • Whether the earlier grant of anticipatory bail to other petitioners is persuasive in deciding the present bail application.

Legislation cited

Subjects

  • bail
  • regular bail
  • anticipatory bail
  • criminal procedure
  • Bihar Narcotic Substances Act
  • court discretion
  • bond and sureties

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.28193 of 2026
                        Arising Out of PS. Case No.-499 Year-2025 Thana- DINARA District- Rohtas
                 ======================================================
           1.     Budhraj Singh S/o Late Ram Awatar Singh R/o Village - Bensagar, P.S. -
                  Dinara, District - Rohtas
           2.     Guddu Kumar S/o Budhraj Singh R/o Village - Bensagar, P.S. - Dinara,
                  District - Rohtas
                                                                       ... ... Petitioner/s
                                               Versus
                 The State of Bihar
                                                                ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Nagendra Upadhyay, Advocate
                 For the Opposite Party/s :        Mr. Ram Anurag Singh, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   08-05-2026                  1. Heard learned counsel for the petitioners and

                   learned A.P.P. for the State.

                                2. The petitioners seek bail in a case registered for the

                   offences punishable under Sections 126(2), 115(2), 109, 351(2),

                   352, 117(2) and 3(5) of the BNS, 2023.

                                3. Learned counsel appearing on behalf of the

                   petitioners submits that petitioner no. 1 is a person with clean

                   antecedent and petitioner no. 2 has antecedent of one case and

                   are in custody since 19.02.2026. It is further submitted that

                   petitioners had earlier moved this Court seeking anticipatory

                   bail by filing Cr. Misc. No. 9785 of 2026 but the same was

                   permitted to the withdrawn by an order dated 30.03.2026 since

                   petitioners were arrested. It is next submitted that in Cr. Misc.
Patna High Court CR. MISC. No.28193 of 2026(2) dt.08-05-2026
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          No. 9785 of 2026 Rita Devi, Prince Kumar and Pappu Kumar

          were also petitioners and the privilege of anticipatory bail was

          granted to Rita Devi and Prince Kumar but then anticipatory

          bail application of Pappu Kumar was rejected. It is also

          submitted that from perusal of the allegation as alleged in the

          FIR, it would manifest that allegation of assault is not specific

          and while granting anticipatory bail to Rita Devi and Prince

          Kumar, the Court had considered the case on its merit and in

          detail and the case of the petitioners, if not akin, is similar to the

          case of Rita Devi and Prince Kumar. It is lastly submitted that if

          the privilege of regular bail is granted to the petitioners, the

          petitioners will not abscond rather will cooperate in the trial to

          prove their innocence.

                       4. Learned A.P.P. for the State vehemently opposes

          the prayer for regular bail of the petitioners.

                       5. Considering the submissions made by the learned

          counsel appearing on behalf of the petitioners, the petitioners,

          above-named, are directed to be released on 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 in connection with Dinara

          P.S. Case No. 499 of 2025.
           Patna High Court CR. MISC. No.28193 of 2026(2) dt.08-05-2026
                                                       3/3




                                  6. However, it is made clear that if the learned Trial

                     Court comes to a conclusion that petitioners, after their release

                     on bail, are trying to delay the framing of charge or after

                     framing of charge are trying to delay the trial of the case in any

                     manner, the learned Trial Court, in both the conditions, shall be

                     at liberty to cancel the bail bonds of the petitioners.


                                                                          (Satyavrat Verma, J)

Kundan/-

U     T


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