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Patna High Court

Umesh Prasad JaiswalversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

Anticipatory bail is denied where the accused is deemed to have knowledge and control over a commercial quantity of narcotic substance.

Summary

The petitioner, Umesh Prasad Jaiswal, sought anticipatory bail after a raid by the Narcotics Control Bureau recovered 4.660 kg of opium and Rs. 3,00,000 from his residence. The petitioner claimed he was absent, residing in Dimapur, and that the seized items were not in his personal possession, asserting innocence and no criminal record. The NCB argued that the large quantity of opium indicated the petitioner’s control over the contraband. The court considered the principle of knowledge and control over a commercial quantity of narcotic under the NDPS Act. Given the substantial seizure and the inference of control, the court declined to grant anticipatory bail. The petition for anticipatory bail was therefore dismissed.

Issues considered

  • Whether anticipatory bail can be granted when the accused is alleged to have knowledge and control over a commercial quantity of narcotic substance under the NDPS Act
  • Whether the absence of the accused at the time of seizure negates possession for bail purposes

Legislation cited

Subjects

  • anticipatory bail
  • NDPS Act
  • possession
  • contraband
  • opium seizure
  • knowledge and control

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.11878 of 2026
                   Arising Out of PS. Case No.-12 Year-2025 Thana- N.C.B (GOVERNMENT OFFICIAL)
                                                 District- East Champaran
                 ======================================================
                 Umesh Prasad Jaiswal Son of Rajendra Prasad Jaiswal Resident Of Village-
                 Kadma, Ward No 09, PS- Rajepur, District- East Champaran


                                                                               ... ... Petitioner/s
                                                     Versus
           1.    The State of Bihar bihar
           2.    The Union of India through NCB, patna bihar


                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :

                 For the Petitioner/s     :     Mr. Mukul Kumar

                                                Mr.Shashank Shekhar

                 For the Opposite Party/s :     Mr. Dilip Kumar No. 1

                 For the NCB              :     Mr. Shivaditya Dhari Sinha, Sr. Panel Counsel

                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
                                       ORAL ORDER

3   30-04-2026                   1. Heard the parties.

                                 2. The petitioner apprehends his arrest in connection

                   with NCB / PZU / V / -12 of 2025 dated 17.10.2025

                   corresponding to N.D.P.S. G.R. Case No. 150 of 2025

                   registered under Section 8(c), 18(b), 25 & 29 of the N.D.P.S.

                   Act 1985.

                                 3. As per the F.I.R. on the basis of a secret tip-off the

                   Narcotics Control Bureau Officials conducted a raid at the

                   residential house of the petitioner and recovered 4.660 Kg of
Patna High Court CR. MISC. No.11878 of 2026(3) dt.30-04-2026
                                            2/3




          opium kept in six packets along with cash amounting to Rs.

          3,00,000/-. The wife of the petitioner was arrested who stated

          that the seized opium and cash belongs to her husband.

                       4. Learned counsel for the petitioner submits that

          petitioner is innocent and has not committed any offence in the

          manner alleged. He further submits that petitioner was not

          present at the time of search and seizure inasmuch as he was

          residing at Dimapur, Nagaland at that point of time and his wife

          has been arrested. The petitioner has been implicated in the

          present case merely on the basis of being the owner of the house

          without any recovery from his personal or conscious possession.

          The petitioner has no criminal antecedent.

                       5. On the other hand, Mr. Shivaditya Dhari Sinha,

          learned senior panel counsel for the N.C.B. opposed the prayer

          for anticipatory bail and submits that commercial quantity of

          opium (4.660 Kg) has been recovered from the premises under

          the control of the petitioner.

                       6. Regard being had to the submission made by the

          parties, taking into consideration the fact that huge amount of

          cash to the tune of Rs. 3,00,000/- along with commercial

          quantity of contraband opium has been recovered from the

          house of the petitioner accordingly considering the principle of
           Patna High Court CR. MISC. No.11878 of 2026(3) dt.30-04-2026
                                                       3/3




                     knowledge and control of contraband article, I am not inclined

                     to grant anticipatory bail to the petitioner. The same is rejected.



                                              (Anil Kumar Sinha, J)
praful/-

U


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