Patna High Court
Gajendra KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The Court allowed the anticipatory bail application, subject to bail bond and cooperation conditions.
Summary
The petitioner, Gajendra Kumar, sought anticipatory bail fearing arrest in a case registered under Section 105 of the Bihar Narcotic Substances Act, 2023, wherein an informant alleged that the petitioner's son died in an electric shock incident and that the petitioner was implicated due to a dispute with a junior engineer. The petitioner’s counsel argued that he has a clean record, that the allegations are based solely on suspicion with no concrete evidence, and that he is willing to cooperate with the investigation. The State opposed the bail, contending that the seriousness of the offence warranted detention. The Court, after considering the submissions, granted anticipatory bail on the condition that the petitioner furnishes a bail bond of Rs.10,000 with two sureties and cooperates with the investigation, reserving the right of the trial court to cancel the bail if non‑cooperation is shown. The order was made under Section 482(2) of the Criminal Procedure Code.
Issues considered
- Whether anticipatory bail should be granted in a case under Section 105 of the Bihar Narcotic Substances Act, 2023 based on the material presented.
- Whether the petitioner’s alleged non‑cooperation could justify denial or cancellation of bail.
Legislation cited
- Bihar Narcotic Substances Act, 2023 — s. 105
- Criminal Procedure Code — s. 482(2)
Subjects
- anticipatory bail
- Section 105
- Bihar Narcotic Substances Act
- Criminal Procedure Code
- false implication
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37436 of 2026
Arising Out of PS. Case No.-61 Year-2025 Thana- DOBHI District- Gaya
======================================================
Gajendra Kumar Son of Munilal Sao @ Munni Lal Saw Resident of Village-
Bhawanichak, P.S.- Kalpa (Jehanabad), District- Jehanabad
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Yogendra Tiwari, Advocate
For the Opposite Party/s : Mr. Anuj Kumar Shrivastava, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 18-06-2026 1. Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case
registered for the offences punishable under Section 105 of the
BNS, 2023.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and the informant
alleges that his son (Sandeep) worked in Dobhi Power Grid as
Line Man and on 08.03.2025 at 06:45 AM, his son got electric
shock and fell from the pole on account of which he sustained
injury on head and died, further alleges that his son had dispute
with the Junior Engineer of Dobhi Power Grid who was
involved in the occurrence.
4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.37436 of 2026(2) dt.18-06-2026
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petitioner has been falsely implicated in the instant case by the
informant. It is next submitted that from perusal of the
allegation as alleged in the FIR, it would manifest that son of
the informant was working as a Line Man and had climbed the
electric pole on account of which, he sustained shock and fell
due to which he sustained injury on head leading to death. It is
also submitted that apart from suspicion, nothing concrete is
alleged against the petitioner. It is further submitted that
petitioner had not acceded to the demand of the informant for a
higher compensation and that might be also a reason for
implicating him based on suspicion. It is next submitted that
petitioner will not abscond rather will cooperate in the
investigation to prove his innocence.
5. Learned A.P.P. for the State opposes the
anticipatory bail application 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
Patna High Court CR. MISC. No.37436 of 2026(2) dt.18-06-2026
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with Dobhi P.S. Case No. 61 of 2025 subject to the conditions as
laid down under Section 482 (2) of BNSS.
7. However, it is made clear that in the event if the
Investigating Officer of the case files an application before the
learned Trial Court bringing to its notice that petitioner despite
giving assurance to this Court is not co-operating in the
investigation, in that event the learned Trial Court shall be at
liberty to cancel the bail bonds of the petitioner.
8. Let a copy of this order be sent to the concerned
police station through the learned Trial Court.
9. Accordingly, the instant anticipatory bail
application stands allowed.
(Satyavrat Verma, J)
Rishabh/-
U T
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