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Patna High Court

Aman KumarversusThe Union of India through the Directorate of Revenue Intelligence (DRI), Regional Unit, Patna

Decided
Disposal
DISMISSED

Holding

The court held that the circumstances did not warrant the grant of anticipatory bail and dismissed the application.

Summary

Aman Kumar applied for anticipatory bail after being implicated in a drug case where approximately 65 kg of ganja was seized. The prosecution alleged that he was the buyer and had transferred Rs.20,000 to the carriers, as reflected in the co-accused's self‑inculpatory statement. The petitioner argued he had a clean antecedent and sought relief from arrest. The court examined the allegations under Sections 20(b)(ii)(c), 25 and 29 of the NDPS Act and found sufficient grounds to consider him a participant in the offence. Consequently, the court dismissed the anticipatory bail application, directing the petitioner to surrender within two weeks and apply for regular bail, failing which the DRI would proceed with his arrest.

Issues considered

  • Whether anticipatory bail can be granted to a person alleged to be the buyer of narcotics under the NDPS Act
  • Whether the transfer of money to carriers constitutes sufficient ground to deny anticipatory bail

Legislation cited

Subjects

  • anticipatory bail
  • NDPS Act
  • drug trafficking
  • bail jurisprudence
  • Directorate of Revenue Intelligence

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.14725 of 2025
                            Arising Out of PS. Case No.-2 Year-2024 Thana- D.R.I District- Patna
                 ======================================================
                 Aman Kumar Son of Sri Nagendra Ray Resident of Village - Mayil, P.O.-
                 Bharopur, P.S.- Bidupur, Distt.- Vaishali.

                                                                                       ... ... Petitioner/s
                                                 Versus
                 The Union of India through the Directorate of Revenue Intelligence (DRI),
                 Regional Unit, Patna Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s      :        Mr.Vijay Kumar Sinha, Advocate
                 For the D.R.I.            :        Mr.Anshuman Singh, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

4   19-02-2026                    Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner apprehends arrest in connection

                   with Serial No. 72/2024 arising out of DRI Patna Unit Case

                   No. 02/2024-25 instituted under Sections 20(b)(ii)(c), 25 and

                   29 of the N.D.P.S. Act.

                                3. As per the prosecution case, 65 kg approx. ganja

                   was recovered from the co-accused.

                                4. Learned counsel for the petitioner submits that the

                   name of the petitioner has come in the self-inculpatory

                   statement of the co-accused persons. Petitioner has clean

                   antecedent.

                                5. Learned counsel for the Directorate of Revenue
              Patna High Court CR. MISC. No.14725 of 2025(4) dt.19-02-2026
                                                          2/2




                        Intelligence has opposed the prayer for anticipatory bail of the

                        petitioner on the ground that petitioner is the buyer of the

                        intoxicants in question and has transferred Rs. 20,000/- in the

                        account of the carriers, which has come during investigation.

                                     6. Considering the aforesaid facts, this is not a fit

                        case for grant of anticipatory bail.

                                     7. Accordingly, the application stands dismissed.

                                     8. The petitioner is directed to surrender within two

                        weeks from today and pray for regular bail, failing which the

                        Intelligence Officer, Directorate of Revenue Intelligence, Patna

                        will take all steps for arrest of the petitioner.

                                     9. Let a copy of this order be communicated to the

                        Intelligence Officer, Directorate of Revenue Intelligence, Patna

                        through FAX or e-mail for its compliance.



                                                   (Sandeep Kumar, J)
tusharika/-

U       T


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