Patna High Court
SATISH KUMARversusTHE STATE OF BIHAR
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
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
- Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 20(b)(ii)(c), 27(A), 29, 8(c)
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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