Patna High Court
Sanjeev KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted anticipatory bail to the petitioner, subject to surrender and bail bond conditions.
Summary
The petitioner, Sanjeev Kumar, the owner of a bus, applied for anticipatory bail fearing arrest in a case where 70.8 kg of ganja was recovered from passengers' luggage on his bus (PS Case No. 173 of 2025). The prosecution alleged offences under Sections 8, 20(b)(ii)(c), 25 and 29 of the NDPS Act, implicating the petitioner solely on the basis of ownership. The petitioner contended he was not on the bus, had no involvement with the contraband, and possessed no criminal antecedent. The State opposed bail. After hearing both sides, the court granted anticipatory bail, directing the petitioner to surrender within four weeks and to furnish a bail bond of Rs.10,000 with two sureties, subject to conditions under Section 482(2) of the CrPC.
Issues considered
- Whether the owner of a vehicle can be granted anticipatory bail when contraband is found in passengers' luggage under the NDPS Act
- Whether lack of personal involvement and clean criminal record justify anticipatory bail
- Whether the conditions under Section 482(2) of the CrPC are sufficient to regulate the grant of anticipatory bail
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482(2)
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 20(b)(ii)(c), 25, 29, 8
Subjects
- anticipatory bail
- NDPS Act
- bus owner liability
- contraband
- bail conditions
- CrPC Section 482
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18606 of 2026
Arising Out of PS. Case No.-173 Year-2025 Thana- BHAPTIAHI District- Supaul
======================================================
Sanjeev Kumar S/O Parmeshwar Shah R/o Lalganj, Ward No. 06, P.S-
Bhaptiyahi, Distt.- Supaul
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Raghaw Kumar, Advocate
For the Opposite Party/s : Dr. Indiwar Kumari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 18-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The instant application for anticipatory bail has
been filed by the petitioner apprehending his arrest in
connection with Bhaptiyahi P.S. Case No. 173 of 2025 instituted
for the offence under Sections 8, 20(b)(ii)(c), 25 and 29 of the
NDPS Act.
3. The case of the prosecution, in short, is that from a
bus altogether 70.8 kg of ganja was recovered from the luggage
of the passengers in the bus.
4. Learned counsel for the petitioner has submitted
that the petitioner has been implicated in this case as he is the
owner of the bus. Learned counsel for the petitioner has further
submitted that the petitioner was neither on the bus nor he is
concerned in any way with the alleged contraband. The
Patna High Court CR. MISC. No.18606 of 2026(2) dt.18-03-2026
2/2
contraband was found in the luggage of the passenger and three
persons were apprehended. Learned counsel for the petitioner
has further submitted that the petitioner is having no criminal
antecedent.
5. Learned APP for the State has vehemently opposed
the bail of the petitioner.
6. Having heard learned counsel for the parties and in
the facts and circumstances of the case as stated above, this
Court is inclined to enlarge the petitioner on bail. The petitioner
is directed to surrender in the Court below within a period of
four weeks from today and in the event of his arrest or surrender
in connection with Bhaptiyahi P.S. Case No. 173 of 2025, he
will be enlarged on bail on furnishing bail bond of Rs. 10,000/-
(Rupees ten thousand) with two sureties of the like amount each
to the satisfaction of learned Principal District and Session
Judge, Supaul, subject to the conditions as laid down under
Section 482(2) of the BNSS.
(Ashok Kumar Pandey, J)
durgesh/-
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