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Patna High Court

MURARI KUMARversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail to the petitioner, finding insufficient material to justify his detention.

Summary

The petitioner, Murari Kumar, feared arrest in a case under Sections 8 and 20(B)(ii)C of the NDPS Act after co‑accused Bihari Kumar’s seizure of 17 litres of codeine cough syrup and his confession naming the petitioner. The petitioner argued that no incriminating article was found in his possession and that the only link to him was the co‑accused’s confessional statement. The State opposed the grant of anticipatory bail. The High Court, noting the general and omnibus nature of the accusation and the absence of any material directly implicating the petitioner, allowed the anticipatory bail with a bail‑bond of Rs 10,000 and two sureties, subject to Section 482(2) of the B.N.S.S. The order directs that if arrested within eight weeks, the petitioner be released on bail.

Issues considered

  • Whether anticipatory bail can be granted when the only evidence against the petitioner is a co‑accused’s confessional statement.
  • Whether the lack of any incriminating article in the petitioner’s possession warrants bail under the NDPS Act.
  • Whether the conditions under Section 482(2) of the B.N.S.S. are applicable to the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • NDPS Act
  • confessional statement
  • codeine syrup
  • bail bond
  • co‑accused
  • section 482

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.10605 of 2026

                      Arising Out of PS. Case No.-257 Year-2025 Thana- BELDOUR District- Khagaria
                 ======================================================
                 MURARI KUMAR S/o WaKil Yadav R/o vill - Kainjari, P.S.- Beldour, Distt.-
                 Khagaria

                                                                                   ... ... Petitioner/s
                                                       Versus


                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner      :        Mr. Diwakar Prasad Singh, Advocate
                 For the State           :        Mr. Bharat Lal, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   24-03-2026                  Heard learned counsel appearing on behalf of the

                   petitioner and learned APP appearing on behalf of the State.

                                2. The petitioner apprehends his arrest in a case

                   registered for the offence punishable under Sections 8 and

                   20(B)iiC of the N.D.P.S. Act.

                                3. As per prosecution case, 17 liters of Codeine cough

                   syrup was recovered from the house of co-accused Bihari

                   Kumar who disclosed the name of this petitioner as one of his

                   associate who managed to flee away from the place of seizure.

                                4. It is submitted by learned counsel appearing on

                   behalf of the petitioner that petitioner is quite innocent and has
Patna High Court CR. MISC. No.10605 of 2026(2) dt.24-03-2026
                                            2/3




          committed no offence. No incriminating article has been

          recovered from conscious possession or house of this petitioner

          and he has falsely been implicated in this case merely on the

          basis of confessional statement of co-accused Bihari Kumar.

          Save and except confessional statement, there is no material on

          record to show the complicity of this petitioner in the alleged

          offence.

                        5. Learned A.P.P. for the State has vehemently

          opposed the prayer for grant of anticipatory bail to the

          petitioner.

                        6. Considering the facts and circumstances of the

          case, general and omnibus nature of accusation and the fact that

          no incriminating article has been recovered from possession of

          this petitioner, the prayer for grant of anticipatory bail to the

          petitioner is allowed.

                        7. Accordingly, in the event of arrest/surrender within

          a period of eight weeks from today, let the above named

          petitioner 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 learned Special Judge (N.D.P.S.),

          Khagaria in connection with Beldour P.S. Case No. 257 of 2025,
             Patna High Court CR. MISC. No.10605 of 2026(2) dt.24-03-2026
                                                         3/3




                       subject to condition as laid down under Section 482(2) of the

                       B.N.S.S..



                                             (Prabhat Kumar Singh, J)
shashank/-

U      T


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