Suraj Kumar Sah @ Suraj Kumar Vs The State of Bihar — Anticipatory Bail | Patna HC (2025)

Suraj Kumar Sah @ Suraj Kumar Vs The State of Bihar — Anticipatory Bail | Patna HC (2025)

What the court decided

AI extract

Outcome

Pre-arrest bail granted: petitioner to be released on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Principal District and Sessions Judge, Araria, subject to Section 438(2) Cr.P.C. conditions; order to lapse automatically if the petitioner is found involved in other cases as stated in Para-3 of the bail petition.

Issue for consideration

Whether the petitioner, named in Jogbani (Bathnaha) P.S. Case No. 38 of 2024 (Sections 8/20(b)(ii)(b), N.D.P.S. Act) over alleged recovery of 15 Kg of ganja from three motorcycles, is entitled to pre-arrest bail.

Court's answer

Considering the nature of the allegation against the petitioner and the fact that the recovered quantity of contraband is less than the commercial quantity, the petitioner is directed to be released on pre-arrest bail in the event of his arrest or surrender before the Court below within four weeks, on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned Principal District and Sessions Judge, Araria, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

Ratio / Principle

The District Court is directed to verify the criminal antecedent of the petitioner, and if it is found that the petitioner is involved in some other cases as stated in Para-3 of the bail petition, this bail order will automatically lose its force.

Detailed headnote1 paragraphs

Patna High Court (Purnendu Singh, J), Criminal Miscellaneous No.21735 of 2025, order dated 23-04-2025: granted pre-arrest bail to Suraj Kumar Sah @ Suraj Kumar in connection with Jogbani (Bathnaha) P.S. Case No. 38 of 2024, registered under Sections 8/20(b)(ii)(b) of the N.D.P.S. Act, wherein 15 Kg of ganja was allegedly recovered from three motorcycles. The grant rested on the recovered quantity being less than the commercial quantity. Release is conditioned on a bail bond of Rs. 10,000/- with two sureties of the like amount each before the Principal District and Sessions Judge, Araria, subject to Section 438(2) Cr.P.C. conditions; the District Court must verify the petitioner's criminal antecedents, failing which (if involvement in other cases as stated in Para-3 of the bail petition is found) the order automatically loses its force. Application disposed of.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.21735 of 2025

Arising Out of PS. Case No.-38 Year-2024 Thana- JOGBANI District- Araria

======================================================

Suraj Kumar Sah @ Suraj Kumar S/o Shankar Sah R/O Village- Kalua Baijnath Pur, P.O- Pipra, P.S- Jogbani, Distt.- Araria (Bihar).

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr.Nishant Kumar Sinha, Advocate. For the Opposite Party/s : Mr.Bishweshwar Ram, APP. ======================================================

CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH

ORAL ORDER

2 23-04-2025

Heard Mr. Nishant Kumar Sinha, learned counsel appearing on behalf of the petitioner and Mr. Bishweshwar Ram, learned APP for the State.

The petitioner seeks pre-arrest bail in connection with Jogbani (Bathnaha) P.S. Case No. 38 of 2024 registered for the offence punishable under Sections 8/20(b)(ii)(b) of the N.D.P.S. Act.

Allegation is of recovery of 15 Kg of ganja from three motorcycles bearing Registration Nos. BR 38 AA 6679, BR 38AA 9246 and BR 38AE8076.

Learned counsel appearing on behalf of the petitioner submitted that the petitioner has been falsely

Patna High Court CR. MISC. No.21735 of 2025(2) dt.23-04-2025 2/3

implicated in the case due to enmity by the apprehended accused. He has no concern either with the seized contraband or its trade. All the three motorcycles from which contraband is said to have been recovered don’t belong to the petitioner. The recovered quantity is less than the commercial quantity. The petitioner has clean antecedent.

Learned APP for the State has vehemently opposed the prayer for grant of pre-arrest bail to the petitioner.

Considering the nature of allegation made against the petitioner and the fact that the recovered quantity of contraband is less than the commercial quantity, the petitioner, above named, is directed to be released on pre-arrest bail, in the event of his arrest or surrender before the Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Principal District and Sessions Judge, Araria in connection with Jogbani (Bathnaha) P.S. Case No. 38 of 2024, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

The District Court is directed to verify the criminal antecedent of the petitioner and if it is found that the petitioner is involved in some other cases as what has been stated in Para-

Patna High Court CR. MISC. No.21735 of 2025(2) dt.23-04-2025 3/3

3 of the bail petition, this order will automatically lose its force.

The bail application stands disposed of.

(Purnendu Singh, J)

mantreshwar/-

U T