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Patna High Court

sonu Mahakal @ sonu kumarversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

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

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,
Patna High Court CR. MISC. No.17340 of 2026(2) dt.25-03-2026
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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
             Patna High Court CR. MISC. No.17340 of 2026(2) dt.25-03-2026
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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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