Allowed¶19

Babaji @ Niranjan Das @ Niranjan Kumar v. The State of Bihar

Patna HC28 Jan 2026CR. MISC./2598/2026

Case brief

AI extract

What is this about?

Anticipatory bail allowed; Patna High Court; CR. MISC. No.2598 of 2026; decided 28-01-2026; Sourendra Pandey, J; Babaji @ Niranjan Das @ Niranjan Kumar v. State of Bihar; Aurai P.S. Case No. 142 of 2025; Muzaffarpur; Sections 8, 20(b)(ii)(c) NDPS Act; ganja; Section 438(2) CrPC; Section 482(2) BNSS; bail bond Rs.10,000 with two sureties; close relative bailor; attendance at trial; cancellation conditions; antecedent verification.

What did the court decide?

Anticipatory bail granted: petitioner to be released on arrest or surrender before the learned Court below within four weeks, on bail bonds of Rs.10,000/- with two sureties of the like amount each, subject to Section 438(2) CrPC read with Section 482(2) BNSS conditions and the additional conditions stated in the order. ¶19

Babaji @ Niranjan Das @ Niranjan Kumar Vs The State of Bihar — Anticipatory Bail | Patna HC (2026)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner, who apprehends arrest in Aurai P.S. Case No. 142 of 2025 registered under Sections 8 and 20(b)(ii)(c) of the N.D.P.S. Act, should be released on anticipatory bail.

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Court's answer

The court directed that the petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within four weeks, on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each, subject to the conditions under Section 438(2) CrPC read with Section 482(2) BNSS and further conditions imposed by the court (one bailor to be a close relative; physical presence in court on each trial date; liability of the bail bond to cancellation for absence on two consecutive dates or violation of terms; liberty to prosecution to seek cancellation if involved in a similar offence; verification of criminal antecedents by the court below without delaying acceptance of bail bonds).

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Key takeaways

Observations, if any, made in this order shall have no bearing during the trial.obiter¶28

Detailed headnote1 paragraphs

Anticipatory bail granted - Babaji @ Niranjan Das @ Niranjan Kumar v. The State of Bihar (Patna High Court, CR. MISC. No.2598 of 2026, decided 28-01-2026, Sourendra Pandey, J): petitioner apprehended arrest in Aurai P.S. Case No. 142 of 2025 (District Muzaffarpur), registered under Sections 8 and 20(b)(ii)(c) of the N.D.P.S. Act, the allegation being that he along with other co-accused was carrying ganja said to have been recovered from the apprehended accused persons. Counsel for the petitioner submitted that he was not apprehended at the place of occurrence, his name was disclosed at the behest of the apprehended persons, no seizure was made from his possession, and he had clean antecedents; the learned APP opposed the prayer. The court released the petitioner on anticipatory bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each within four weeks, subject to Section 438(2) of the Code of Criminal Procedure read with corresponding Section 482(2) of B.N.S.S., and additionally: one bailor to be a close relative; physical presence in court on each trial date; bail bond liable to cancellation for absence on two consecutive dates or violation of terms; prosecution free to move for cancellation if he is involved in a similar offence; and the court below to verify criminal antecedents, taking cancellation steps if concealment is found, without delaying acceptance of bail bonds for verification. Observations in the order to have no bearing during the trial.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.2598 of 2026

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Arising Out of PS. Case No.-142 Year-2025 Thana- AURAI District- Muzaffarpur

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Babaji @ Niranjan Das @ Niranjan Kumar

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Versus

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The State of Bihar

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... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mrs. Bela Singh, Advocate For the Opposite Party/s : Mr. Md. Aslam Ansari, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER

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2 28-01-2026

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Heard learned counsel for the petitioner and learned

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A.P.P. for the State.

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Petitioner apprehends his arrest in connection with Aurai P.S. Case No. 142 of 2025 registered for the offences under Sections 8, 20(b)(ii)(c) of N.D.P.S. Act.

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As per the prosecution case, the allegation upon the petitioner is that he along with the other co-accused named persons were carrying ganja which is said to have been recovered by the apprehended accused persons.

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Learned counsel for the petitioner submits that the petitioner was not apprehended at the place of occurrence and his name has been disclosed at the behest of the apprehend persons. It has further been submitted that no seizure has been made from the possession of the petitioner and in fact, the

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Patna High Court CR. MISC. No.2598 of 2026(2) dt.28-01-2026 2/3

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petitioner has no concern whatsoever with the aforesaid seizure of ganja . It has lastly been submitted that the petitioner has clean antecedent.

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Learned APP for the State has vehemently opposed the prayer for anticipatory bail.

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Considering the aforesaid submission, facts and circumstances of the case, let the petitioner above named be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bonds of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor court in connection with Aurai P.S. Case No. 142 of 2025 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure read with corresponding Section 482(2) of B.N.S.S. as well as subject to the following conditions:-

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(i) One of the bailors of the petitioner shall be his close relative.

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(ii) The petitioner shall remain physically present in Court on each date of the trial.

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(iii) In case of absence on two consecutive dates, or

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Patna High Court CR. MISC. No.2598 of 2026(2) dt.28-01-2026 3/3

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in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the Court concerned.

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(iv) If the petitioner is found involved in similar nature of offence in future, the prosecution shall be at liberty to move for cancellation of his bail bond. (v) The learned Court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

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