Arun Kumar Vs The State of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.91624 of 2025

Arising Out of PS. Case No.-123 Year-2025 Thana- MOTIHARI MUFASIL District- East Champaran

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Arun Kumar S/o Shambhu Yadav @ Shambhu Prasad @ Umesh Kumar R/o Village- Dharhari, P.S-Chiraiya, District-East Champaran

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... ... Petitioner/s

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Versus

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The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Vijay Shankar Shrivastava, Advocate For the State : Mr. Aditya Narayan Singh.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER

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2 15-01-2026

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Heard learned counsel for the petitioner and learned

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APP for the State.

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The petitioner seeks bail in connection with NDPS G.R. Case No. 36 of 2025, arising out of Mufassil P.S. Case No. 123 of 2025 dated 27.02.2025, registered for the offences punishable under Sections 8 and 20(B)(ii)(c) of NDPS Act and Sections 25(1-B)(a), 26 and 35 of the Arms Act.

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As per allegation, co-accused, Amit Thakur and Aditya Kumar @ Ripu Singh have committed robbery against a collection agent of a finance company worth Rs. 1,35,550/-, Samsung mobile and other articles and in that commission of the offence, the petitioner was doing work of a Liner. It is further case of the police that the weapon, used in the accident,

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Patna High Court CR. MISC. No.91624 of 2025(2) dt.15-01-2026 2/4

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was kept in the house of co-accused, Shalu @ Vishal. Hence, the police conducted raid into the house of co-accused, Shalu @ Vishal and recovered 1 Kg 544 gm of charas and arms and ammunition.

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Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. He further submits that there is no recovery of any contraband ( charas ) from the petitioner. Only allegation against the petitioner is that he was doing work of a Liner in the commission of robbery. He further submits that the petitioner is no way involved in the alleged offence and his name has been taken by the co-accused person only on account of animosity.

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He further submits that the petitioner has been languishing in jail since 20.09.2025.

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It has also been stated in paragraph no. 3 of the bail petition that the petitioner has two criminal antecedents.

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It is also stated in paragraph no. 2 of the bail petition that the petitioner has moved this Court earlier either for anticipatory bail or regular one.

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However, learned APP for the State vehemently opposes the prayer of the petitioner for bail.

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Considering the aforesaid facts and circumstances

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Patna High Court CR. MISC. No.91624 of 2025(2) dt.15-01-2026 3/4

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and nature of allegation against the petitioner, 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 concerned Court below in connection with NDPS G.R. Case No. 36 of 2025, arising out of Mufassil P.S. Case No. 123 of 2025, on the following conditions:

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(i) The petitioner will make himself available for interrogation by a police officer/court as and when required.

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(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.

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(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.

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(iv) In case, it is brought to the notice of the court below that the petitioner has any criminal antecedents other than the disclosed one, 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

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Patna High Court CR. MISC. No.91624 of 2025(2) dt.15-01-2026 4/4

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his knowledge of the same.

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(v) In case, it is brought to the notice of the court

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below that statement regarding previous bail petition is wrong, learned court below shall cancel the bail bonds of the petitioner.

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(Jitendra Kumar, J)

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shoaib/-