Patna High Court
Saroj Ansari @ Khan Saheb @ SarojversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
Anticipatory bail is granted where the petitioner’s alleged involvement is based solely on co‑accused confessional statements and no substantive evidence directly links him to the contraband.
Summary
The petitioner, Saroj Ansari, sought anticipatory bail fearing arrest in a case (Raxaul P.S. Case No. 359 of 2024) involving alleged offences under Sections 22(c), 23(c) and 29 of the NDPS Act. The prosecution’s case was based on the recovery of used syringes, needles and drug paraphernalia, but the petitioner claimed innocence, asserting that his name was implicated only through confessional statements of co‑accused persons. The State opposed the bail, arguing the seriousness of the NDPS allegations. The Court examined whether anticipatory bail could be granted when the accusation rests solely on co‑accused confessions and found no direct material linking the petitioner to the seized items. Consequently, the Court allowed the anticipatory bail, imposing a bond of Rs.10,000 with two sureties and conditions of regular police‑station attendance. The order was made subject to Section 482(2) of the BNSS and clarified that the observations were prima facie and not a determination on the merits of the case.
Issues considered
- Whether anticipatory bail can be granted when the petitioner’s alleged involvement is based solely on confessional statements of co‑accused persons.
- Whether the petitioner is likely to be arrested in connection with offences under Sections 22(c), 23(c) and 29 of the NDPS Act.
- Whether the conditions imposed under Section 482(2) of the BNSS are appropriate for anticipatory bail in an NDPS matter.
Legislation cited
- Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 22(c), 23(c), 29
Subjects
- anticipatory bail
- NDPS Act
- confessional statements
- co‑accused
- Section 482
- bail conditions
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15610 of 2025
Arising Out of PS. Case No.-359 Year-2024 Thana- RAXAUL District- East Champaran
======================================================
Saroj Ansari @ Khan Saheb @ Saroj S/o- Ali Mohhammad Miyan @ Ali
Mahhamad Miyan Village- Dankan Road Ps- Haraiya Dist- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. N.K. Agrawal, Sr. Advocate
Mr. Kumar Rajdeep, Advocate
For the Opposite Party/s : Mr. Gauri Shankar Gupta
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
6 27-04-2026 Heard the learned counsel for the petitioner and
learned counsel for the State.
2. The petitioner apprehends arrest in connection with
Raxaul P.S. Case No. 359 of 2024 registered for offences under
Sections 22(c), 23(c) and 29 of the NDPS Act.
3. As per the prosecution case, recovery was made of
1.77 pieces of used syringes, 60 used Phenergan needles of
Abbott Company in 2 ml, 92 used pieces of Diazepam in 2 ml,
and 103 used pieces of Nufin in 2 ml.
4. Learned senior counsel for the petitioner submits
that the petitioner is quite innocent and has not committed any
offence. It is further submitted that the petitioner has been made
an accused in this case merely on the basis of the confessional
Patna High Court CR. MISC. No.15610 of 2025(6) dt.27-04-2026
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statements of other co-accused persons. The petitioner has no
concern with the alleged recovery.
5. Learned APP for the State has vehemently opposed
the prayer for bail.
6. Considering the facts and circumstances of the case
and also the fact that the name of the petitioner has transpired on
the basis of confessional statement of other co-accused persons,
this application for anticipatory bail stands allowed.
7. Accordingly, let the petitioner, above-named, in the
event of arrest or surrender within four weeks from today in the
Court below, be released on anticipatory bail on furnishing bail
bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of
the like amount each to the satisfaction of learned Court below
where the case is pending/successor Court in connection with
Raxaul P.S. Case No. 359 of 2024 subject to the conditions as
laid down under Section 482(2) of the BNSS and with further
condition that:-
(I). The petitioner will mark his
attendance at the Krishna Haraiya Police
Station on every Sunday of each month. Any
default in appearance at the Police Station
would result in cancellation of bail bond of
the petitioner.
8. It is made clear that any observation made herein is
Patna High Court CR. MISC. No.15610 of 2025(6) dt.27-04-2026
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prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
manner.
(Sandeep Kumar, J)
Shishir/-
U T
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