Patna High Court
Rajesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- JITENDRA KUMAR
Holding
The court granted bail to the petitioner, subject to specified conditions, after the charge was framed.
Summary
Rajesh Kumar was charged under Sections 108 and 3(5) of the Bihar Narcotic Substances Act, 2023, in Sessions Trial No. 964 of 2025 arising from Sherghati P.S. Case No. 97 of 2025. He had earlier filed a bail application (Cr. Misc. No. 34611 of 2025) which was dismissed, but the order permitted a fresh bail petition after charge framing. The petitioner argued that the charge had been framed on 03.12.2025 and therefore sought bail. The High Court examined the petition, noted the statutory provisions and the earlier order, and granted bail on the condition of furnishing a bail bond of Rs. 10,000 with two sureties and compliance with several conditions relating to cooperation with investigation, non‑interference with trial, and non‑inducement of witnesses. The court also stipulated that bail could be cancelled if the petitioner concealed prior criminal antecedents or misrepresented facts in the earlier bail petition. The bail was thus ordered subject to these conditions.
Issues considered
- Whether bail can be granted to the petitioner after the charge has been framed under Sections 108 and 3(5) of the Bihar Narcotic Substances Act, 2023.
Legislation cited
- Bihar Narcotic Substances Act, 2023 — s. 108, 3(5)
Subjects
- bail
- criminal procedure
- Bihar Narcotic Substances Act
- Section 108
- Section 3(5)
- high court
- charge framing
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89849 of 2025
Arising Out of PS. Case No.-97 Year-2025 Thana- SHERGHATI District- Gaya
======================================================
Rajesh Kumar, Son of late Brajkishore Prasad @ Brijanandan, Resident of
village and Post - Derdhara, P.S.- Rahui, District - Nalanda.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pramod Kumar Sinha, Advocate.
For the State : Dr. (Mrs.) Indiwar Kumari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR
ORAL ORDER
2 09-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Sessions Trial No. 964 of 2025(SJ), 256 of 2025(SH) arising out
of Sherghati P.S. Case No. 97 of 2025, registered for the
offences punishable under Sections 108 and 3(5) of the B.N.S.
2023.
3. Previously, similar application viz. Cr. Misc. No.
34611 of 2025 was filed by the petitioner and the same was
dismissed on merit vide order dated 13.08.2025. However, it
was stipulated in the said order that after framing of charge, the
petitioner may renew his prayer for bail.
4. Learned counsel for the petitioner submits that the
charge has already been framed as it transpires from the order
Patna High Court CR. MISC. No.89849 of 2025(2) dt.09-01-2026
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dated 03.12.2025 passed by learned Additional Sessions Judge-
IV, Sherghati (Gaya Ji), in Sessions Trial No. 964 of 2025(SJ),
256 of 2025(SH) arising out of Sherghati P.S. Case No. 97 of
2025, Title State Vs. Rajesh Kumar.
5. Hence, considering the aforesaid facts and
circumstances, this application is allowed, directing the
petitioner, above-named, to be enlarged on bail on his furnishing
bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two
sureties of the like amount each to the satisfaction of learned
court concerned in connection with Sessions Trial No. 964 of
2025(SJ), 256 of 2025(SH) arising out of Sherghati P.S. Case
No. 97 of 2025, on the following conditions:
(i) The petitioner will make himself available for
interrogation by a police officer/court as and when required.
(ii) The petitioner will undertake that
investigation/trial will not get hampered on account of his
absence or non-cooperation. He must be available to the police
or the court whenever his presence is required.
(iii) The petitioner shall not, directly or indirectly
make any inducement, threat or promise to any person
acquainted with the facts of the case so as to dissuade him from
disclosing such facts to the court or to any police officer.
Patna High Court CR. MISC. No.89849 of 2025(2) dt.09-01-2026
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(iv) In case, it is brought to the notice of the court
below that the petitioner has any criminal antecedents, learned
court below shall cancel the bail bonds of the petitioner after
hearing him and getting satisfied that the petitioner has
concealed his criminal antecedents despite his knowledge of the
same.
(v) In case, it is brought to the notice of the court
below that statement regarding previous bail petition is wrong,
learned court below shall cancel the bail bonds of the petitioner.
(Jitendra Kumar, J)
S.Ali/-
U T
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