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Patna High Court

SATISH KUMARversusTHE STATE OF BIHAR

Decided
Disposal
DISMISSED

Holding

The court held that anticipatory bail could not be granted and dismissed the application.

Summary

Satish Kumar applied for anticipatory bail after being implicated in a case involving the seizure of 82 kg of ganja, with co‑accused naming him as a participant in the smuggling. The prosecution charged him under Sections 8(c), 20(b)(ii)(c), 27(A) and 29 of the NDPS Act. The court examined the Supreme Court’s decision in State of Haryana v. Samarth Kumar (2022) and considered the gravity of the drug recovery. Concluding that the circumstances did not merit the privilege of anticipatory bail, the court rejected the application. It clarified that its observations are limited to this bail application and will not prejudice any later stage of the criminal proceedings.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under the NDPS Act in view of the large quantity of narcotics recovered and the co‑accused’s testimony.

Legislation cited

Subjects

  • anticipatory bail
  • NDPS Act
  • drug trafficking
  • bail jurisprudence
  • Supreme Court precedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.17581 of 2026
                 Arising Out of PS. Case No.-926 Year-2024 Thana- BHABHUA District- Kaimur (Bhabua)
                 ======================================================
                 Satish Kumar S/O Krishna Gupta R/O Bhabhua Ward No.-3, P.O. And P.S.-
                 Bhabhua, Dist.- Kaimur

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State Of Bihar Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Om Prakash Singh
                 For the Opposite Party/s :      Mr. Madan Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   29-04-2026                  Heard the learned counsel for the petitioner and the

                   learned counsel for the State.

                                2. The petitioner apprehends arrest in connection with

                   Bhabhua P.S. Case No. 926 of 2024 registered for offences

                   under Sections 8(c), 20(b)(ii)(c), 27(A) and 29 of the NDPS Act.

                                3. As per the prosecution case, 82 kg of ganja was

                   recovered from a car, and two persons namely Krishna Gupta

                   and Yasoda Devi were apprehended. The co-accused persons

                   have named the petitioner as one of the persons involved in the

                   smuggling of this large quantity of ganja.

                                4. Considering the law laid down by the Hon’ble

                   Supreme Court in the case of The State of Haryana vs.

                   Samarth Kumar, 2022 SCC OnLine SC 2087 and also

                   considering the huge recovery of ganja, this Court is not
            Patna High Court CR. MISC. No.17581 of 2026(2) dt.29-04-2026
                                                        2/2




                      inclined to grant the privilege of anticipatory bail to the

                      petitioner in the present case.

                                   5. Accordingly, the application for anticipatory bail is

                      hereby rejected.

                                   6. It is, however, clarified that the observations made

                      herein are limited to the adjudication of the present application

                      and shall not prejudice the case of the petitioner at any

                      subsequent stage of the proceedings.



                                                 (Sandeep Kumar, J)
Shishir/-

U       T


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