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Patna High Court

Gaurav AnandversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

Anticipatory bail was denied as the petition was filed after an inordinate delay and was based solely on the informant’s naming of the petitioner.

Summary

The petitioner, Gaurav Anand, sought anticipatory bail fearing arrest in a 2021 case under Sections 20 and 22 of the NDPS Act, where an informant alleged he sold brown sugar and named him as the supplier. The prosecution’s case rests solely on the statement of the arrested individual who identified the petitioner. The petitioner argued that mere naming should not suffice for arrest, while the State contended that he is a named accused and that the petition was filed five years after the FIR. The Court considered the delay in approaching the court and the lack of substantive material beyond the informant’s claim. Consequently, the Court rejected the anticipatory bail application, holding that no relief could be granted.

Issues considered

  • Whether anticipatory bail can be granted when the only basis of accusation is the name given by an arrested co-accused.
  • Whether the five‑year delay in filing the anticipatory bail application bars the relief.

Legislation cited

Subjects

  • anticipatory bail
  • NDPS Act
  • delay in filing
  • named accused
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.16609 of 2026
                    Arising Out of PS. Case No.-90 Year-2021 Thana- BHAGALPUR KOTWALI District-
                                                         Bhagalpur
                 ======================================================
                 Gaurav Anand S/O Arvind Kumar Rana Resident of village- Amour, Mehrma,
                 P.S. Balbadda, District- Godda, State- Jharkhand, 814160

                                                                               ... ... Petitioner/s
                                                      Versus
           1.    The State of Bihar
           2.    THE UNION OF INDIA through Narcotics Control Bureau (NCB), Patna

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :        Mr. Bambam Kumar, Advocate
                 For the State          :        Mr. Ram Sevak Choudhary, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

3   07-05-2026                    Heard the parties.

                                 2. The petitioner is apprehending his arrest in

                   connection with Kotwali (Jogsar) P.S. Case No. 90 of 2021

                   registered for the offence punishable under Sections 20 and 22

                   of N.D.P.S. Act, lodged on 08.02.2021 by the informant Ajay

                   Kumar Ajnabi.

                                 3. As per the prosecution story, the informant alleged

                   that upon secret information about selling of the brown sugar,

                   the place was raided, Akash Kumar was apprehended and upon

                   search there is recovery/seizure of 4 gram 310 miligram brown

                   sugar beside the mobile phones. He gave the name of this

                   petitioner as the person from whom he has bought the said

                   brown sugar. Accordingly, the F.I.R.
            Patna High Court CR. MISC. No.16609 of 2026(3) dt.07-05-2026
                                                        2/2




                                   4. Learned counsel for the petitioner submits that only

                      because of the name given by the arrested person, he has been

                      implicated.

                                   5. Learned State counsel on the other hand opposed

                      the prayer submitting that he is a named accused in the present

                      case lodged in the year 2021 and has chosen to move before this

                      Court five years later.

                                   6. Taking into account the submissions of the parties

                      as also the delay in coming to the Court, no relief can be

                      extended, the anticipatory bail application stands rejected.



                                                     (Rajiv Roy, J)
vinayak/-

U      T


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