Patna High Court
Raj Kumar @ Raja KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- R P MISHRA
Holding
Anticipatory bail was not granted to the petitioner.
Summary
Petitioner Raj Kumar sought anticipatory bail after learning that he may be arrested in a NDNDPS case (Sections 8(c), 21(c), 25 and 29) relating to the recovery of 723.67 grams of brown sugar from co‑accused Juli @ Mahi. The petitioner argued that no contraband was recovered from his possession, his name appeared only through the co‑accused’s statement, and that the prosecution had not complied with Sections 42 and 50 of the NDPS Act. The State opposed the bail, noting that regular bail for the co‑accused had already been denied. The Patna High Court examined the submissions and concluded that the case was not suitable for anticipatory bail, rejecting the petition. The Court, however, directed that if the petitioner surrenders within four weeks and applies for regular bail, the lower court may consider it without prejudice.
Issues considered
- Whether anticipatory bail can be granted to the petitioner under the NDPS Act in the present circumstances.
Legislation cited
- Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 21(c), 25, 29, 42, 50, 8(c)
Subjects
- anticipatory bail
- NDPS Act
- bail
- brown sugar seizure
- co‑accused
- Section 42
- Section 50
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16249 of 2026
Arising Out of PS. Case No.-288 Year-2025 Thana- NAUGACHIA District- Bhagalpur
======================================================
Raj Kumar @ Raja Kumar Son of Nityanand Sah Resident of Village-
Sahutola, Bhawanipur, P.S.- Bhawanipur, District- Bhagalpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Abhay Kumar, Advocate
For the Opposite Party/s : Mr. Narendra Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 12-03-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends his arrest in connection
with Naugachia P.S. Case No. 288 of 2025 registered for the
offences punishable under Sections 8(c), 21(c), 25 & 29 of the
NDPS Act.
3. Prosecution case, in a nutshell, is that there is
recovery of 723.67 gram of brown sugar from the possession of
co-accused, namely, Juli @ Mahi.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence as alleged
against him and has falsely been implicated in the present case.
Learned counsel for the petitioner mainly submits that from
Patna High Court CR. MISC. No.16249 of 2026(2) dt.12-03-2026
2/2
perusal of the FIR, it is evident that no recovery is made from
the possession of the petitioner. Name of the petitioner has
surfaced in this case on the disclosure made by apprehended co-
accused person. Learned counsel lastly submits that there is no
compliance of Sections 42 and 50 of the NDPS Act.
5. On the other hand, learned A.P.P. for the State has
vehemently opposed the prayer for grant of bail to the petitioner.
It is fervently submitted that regular bail of co-accused, who
was arrested from the place of occurrence, has been rejected by
this Court vide order dated 20.01.2026, passed in Cr. Misc. No.
91807 of 2025.
6. Considering the rival submissions made by the
learned counsel for the parties, this Court does not find this case
fit for grant of anticipatory bail. Prayer for anticipatory bail is
hereby rejected.
7. However, if the petitioner surrenders before the
court below within a period of four weeks from today and prays
for regular bail, the same would be considered by the court
below in accordance with law without being prejudiced by the
order of this Court.
Raj Kishore/- (Rudra Prakash Mishra, J)
U T
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