Created by Fuzzy Cloud

Patna High Court

Gajendra KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
                                                        3/3




                      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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.