Patna High Court
Ankit Kr. Yadav @ Ankit Kumar @ Ankit Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ALOK KUMAR SINHA
Holding
The Court granted anticipatory bail to the petitioner, subject to conditions, finding insufficient basis to deny bail.
Summary
The petitioner, Ankit Kumar Yadav, sought anticipatory bail after being implicated in a narcotics case (Sections 20 and 22 of the NDPS Act) based on the confessional statements of co‑accused who were caught with 40 kg of ganja. The police had intercepted a vehicle on 21 June 2023, recovered the narcotics, a car and two mobiles, and arrested the co‑accused Sagar Kumar and Raju Kumar. The petitioner claimed he had no involvement, no purchase or sale of ganja, and a clean antecedent, asserting that his inclusion in the FIR was due to an inimical relationship. The State opposed the bail, relying on the co‑accused statements. The Court, noting the lack of direct evidence against the petitioner and his clean record, granted anticipatory bail subject to a Rs.10,000 bond, two sureties, cooperation with investigation, and verification of antecedents under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 despite the FIR naming him based on co‑accused confessions.
- Whether the confessional statements of the co‑accused are sufficient to justify denial of anticipatory bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 20, 22
Subjects
- anticipatory bail
- NDPS Act
- drug trafficking
- confessional statements
- clean antecedent
- bail conditions
- Section 482
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14940 of 2026
Arising Out of PS. Case No.-134 Year-2023 Thana- KURSAILA District- Katihar
======================================================
Ankit Kr. Yadav @ Ankit Kumar @ Ankit Kumar Yadav S/O Manoj Yadav
R/O Village- Simara (Simana), Police Station- Tikapatti, District- Purnea.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajay Mukherjee, Adv
For the Opposite Party/s : Mr. Kumar Ranjit Ranjan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
ORAL ORDER
3 29-04-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends his arrest in connection
with Kursaila P.S. Case No. 134 of 2023, registered for the
offence punishable under Sections 20/22 of NDPS Act.
3. The case of the prosecution, in short, as per the
informant is that on 21.06.2023, while on patrolling duty with
other police personnel, received secret information at Devipur
Chowk regarding smuggling of ganja in a silver-colored four-
wheeler bearing a Bengal registration number. After informing
his senior officer, he proceeded to Milki Mor and at about 19:55
hours, intercepted the said vehicle on SH-77 near Mahantsthan
Nawabganj. On seeing the police, the driver and another
occupant attempted to flee but were apprehended. They
Patna High Court CR. MISC. No.14940 of 2026(3) dt.29-04-2026
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disclosed their names as Sagar Kumar and Raju Kumar. Upon
search, conducted in the presence of witnesses, 40 kg of ganja,
along with one car and two mobile phones, were recovered from
their joint possession, and a seizure list was prepared.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has not committed any offence. He
has falsely been implicated in the present case due to inimical
relation. There is no allegation of purchase and sell of ganza
against the petitioner. He further submits that the petitioner has
clean antecedent.
5. Learned A.P.P. for the State opposes the prayer of
anticipatory bail.
6. The petitioner is named in the FIR but his
involvement in the present case has surfaced on the basis of
confessional statement of other co-accused persons, who were
apprehended on the spot with 40 kg 100 g of Ganza. The car and
the two mobiles seized do not belong to the petitioner and the
petitioner has clean antecedent, under these circumstances, this
Court is inclined to grant privilege of anticipatory bail to the
petitioner.
7. Let the petitioner, named above, in the event of his
arrest or surrender before the Court below within four weeks
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from today, be released 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 Principal District &
Sessions Judge, Katihar in connection with Kursaila P.S. Case
No. 134 of 2023, subject to the conditions laid down under
section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023
and subject to the further condition that:-
(i) the petitioner shall co-operate in the
investigation/trial.
(ii) the learned Court would, however, verify the
criminal antecedent of the petitioner and in case it is found that
the petitioner has concealed his criminal antecedent, the Court
below shall take step for cancellation of bail bond of the
petitioner. However, it is expected that the verification process
would be done expeditiously without causing any delay.
(Alok Kumar Sinha, J)
kiran/-
U T
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