Patna High Court
sonu Mahakal @ sonu kumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- RAJIV ROY
Holding
Anticipatory bail was denied as the petitioner could not demonstrate that he was not involved in the alleged NDPS offences.
Summary
The petitioner, Sonu Mahakal, was implicated in an NDPS case (Case No.100 of 2025) after a police raid recovered 3.34 kg of smack and cash from a house linked to his alleged associates. The informant’s statement and subsequent seizures led to an FIR naming the petitioner among others. The petitioner argued that the allegations were based solely on a confession and that no contraband was found in his possession. The State contended that the confession and recovered money corroborated his involvement. The court considered the seriousness of the allegations under the NDPS Act and the lack of personal possession of seized items, and consequently rejected the anticipatory bail application, directing surrender within four weeks for further proceedings.
Issues considered
- Whether anticipatory bail can be granted to the petitioner under Sections 8(c), 21(c) and 29 of the NDPS Act despite the confession and recovered proceeds.
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 21(c), 29, 8(c)
Subjects
- anticipatory bail
- NDPS Act
- drug seizure
- confession
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17340 of 2026
Arising Out of PS. Case No.-104 Year-2025 Thana- Ratanpur District- Begusarai
======================================================
sonu Mahakal @ sonu kumar Son of Shankar Ray @ Ram Shankar Ray
Resident Of Village - Sarvodayanagar Near Kundan General Stores, Ps-
Nagar, District -Begusarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Abhishek Kumar, Advocate
For the Opposite Party/s : Mr.Jitendra Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 25-03-2026 Heard Mr.Abhishek Kumar, learned counsel for the
petitioner and the State.
2. The petitioner is apprehending arrest in connection
with N.D.P.S. Case No. 100 of 2025 arising out of Ratanpur
Police Station Case No. 104 of 2025 instituted under Sections
8(c), 21(c), 29 of N.D.P.S. Act lodged on 17.12.2025 by the
informant, Rajiv Ranjan.
3. As per the prosecution story, the informant alleged
that during patrolling, upon knowledge of smack having been
kept at the rental house of Ram Briksha Kumar, the place was
raided and there is recovery/seizure of 3.340 kgs. of smack
beside weighing machine, mobile phone and other documents.
Later, upon information, they raided B.P. High School,
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Begusarai where the accused were dealing to supply the smack
and upon chase, were managed to apprehend Shivam Kumar
and Kumar Aryan. They gave the name of the absconding
persons as Ram Briksha Kumar and further disclosed that this
petitioner, Sachin, Raja, Nilesh and Aabhas are also their
associates and they kept Rs. 20,00,000/- in the house of Aryan
Kumar. The Police again went to the house of Aryan Kumar and
recovered/seized Rs. 20,47,000/-. This led to the FIR.
4. Though, learned counsel for the petitioner submits
that the name has come on confession, nothing has been
recovered from his conscious possession.
5. Learned APP Mr. Jitendra Kumar submits that a
perusal of the FIR would show that on the confession, the raid
took place at the house of Aryan Kumar and the recovered
amount matches with the confessional statement.
6. In that background, he cannot escape his
involvement in the present case.
7. Considering the submissions of the parties as also
the allegation that has come, it would be appropriate that he
seek bail.
8. The anticipatory bail application stands rejected.
9. If the petitioner surrenders within a period of four
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weeks from today, the Court concerned shall take up the matter
on its own merit being being prejudiced by this order and
dispose it of preferably on the same day.
(Rajiv Roy, J)
Ravi/-
U T
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