IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.58089 of 2026 Arising Out of PS. Case No.-371 Year-2021 Thana- BEUR District- Patna ====================================================== Anish Kumar @ Monu Singh @ Mitthu S/o Vimal Prasad @ Vimal Kumar Yadav R/o - Nagar Parishad Supaul, Balwa Punarwas, Ward No. 15, PS and District - Supaul ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Pramod Mishra, Advocate For the Opposite Party/s : Mr. Umesh Lal Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KUMAR MANISH ORAL ORDER 2 19-08-2026 Heard learned counsel for the petitioner and learned A.P.P. on behalf of the State. 2. This application is filed for grant of regular bail to the petitioner who has been made accused in connection with Beur P.S. Case No. 371 of 2021, registered for the offences punishable under Sections 411/34 of the Indian Penal Code, Sections 25(1-B)(a), 26 and 35 of the Arms Act and Section 8/20(b)(ii)(B) of the N.D.P.S. Act. 3. As per the prosecution case, on 21.08.2021, a police team proceeded to investigate reported incidents of chain snatching and robbery. During the course of investigation, a white Apache motorcycle bearing Registration No. BR-01DR- 2398 with two riders, on seeing the police, attempted to flee. Patna High Court CR. MISC. No.58089 of 2026(2) dt.19-08-2026 2/4 The police chased them during which the riders abandoned the motorcycle and tried to escape through a paddy field. One of them named Raju Kumar @ Raju Ram was apprehended on the spot, while the other named Tanik Kumar managed to escape. Upon search of Raju Kumar, there was a recovery of 2.75 kilograms of ganja packed in two packets. During the course of interrogation, Raju Kumar disclosed the name of the petitioner. 4. Learned counsel for the petitioner submits that he is innocent, has committed no offence and he has been falsely implicated in this case solely on the basis of the confessional statement of the co-accused, Raju Kumar and the petitioner was not apprehended at the spot. It is further submitted that no incriminating article has been recovered from the conscious possession of the petitioner. 5. It is further submitted that the mandatory provisions of the N.D.P.S. Act was not complied during the course of investigation. 6. Learned counsel for the petitioner submits that the petitioner is in custody since 24.05.2026 and is having three criminal antecedents. 7. The Coordinate Bench of this Hon’ble Court in Cr. Misc. No. 70826/2023 has granted bail to the co-accused, Patna High Court CR. MISC. No.58089 of 2026(2) dt.19-08-2026 3/4 namely, Raju Kumar @ Raju Ram vide order dated 05.03.2024. 8. Learned A.P.P. for the State has vehemently opposed the prayer for bail of the petitioner. 9. Considering the aforesaid facts and circumstances of the case, the petitioner, above named, is directed to be enlarged on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Sessions Judge-cum-Special Judge (NDPS), Patna in connection with Beur P.S. Case No. 371 of 2021 on the following conditions:- (i) That one of the bailors should be family member of the petitioner. (ii) That the petitioner will cooperate in the trial and will remain present on all dates personally or should be duly represented through his counsel and whenever required to be physically present by the Court, he should physically appear in Court on that date. (iii) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail. (iv) The trial court shall verify the criminal antecedent of the petitioner and if at any stage, it is found that the petitioner Patna High Court CR. MISC. No.58089 of 2026(2) dt.19-08-2026 4/4 has concealed his criminal antecedent, the trial court shall take steps for cancellation of his bail bonds of the petitioner. However, the acceptance of bail-bond shall not be delayed for the purpose of in name of verification. Ritwika/- (Kumar Manish, J) U T