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Patna High Court

Ankush KumarversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

Bail was not granted to the petitioner at this stage.

Summary

The petitioner, Ankush Kumar, a driver, applied for bail in a case where 1,047 g of heroin was seized from a swift dzire car. He contended that nothing was recovered from his personal possession and that he was merely transporting the consignment for a co‑accused, Abhishek, whose documents and contraband were later recovered. The prosecution highlighted that the petitioner has a prior similar offence and is in judicial custody since 30‑05‑2025. The State opposed bail, citing the serious nature of the NDPS offences and the petitioner’s antecedent. The Court, after hearing both sides, declined to grant bail at this stage, directing the petitioner may renew the prayer after six months if the trial remains pending and ordering the trial court to expedite the trial.

Issues considered

  • Whether bail should be granted to the driver accused under Sections 8(c), 21(c), 25 and 29 of the NDPS Act despite lack of personal possession of the narcotics.
  • Whether the petitioner’s prior criminal antecedent warrants denial of bail.

Legislation cited

Subjects

  • bail
  • NDPS Act
  • heroin seizure
  • possession
  • criminal antecedent
  • trial expeditious
  • driver

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                             CRIMINAL MISCELLANEOUS No.20426 of 2026
                    Arising Out of PS. Case No.-354 Year-2025 Thana- ARA NAWADA District- Bhojpur
                 ======================================================
                 Ankush Kumar S/o Chhathu Chaudhary Resident of village - Kurmi Tola
                 Anaith, P.S - Ara Nawada, District - Bhojpur

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

                                                                ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr. Ajay Kumar Singh, Advocate
                 For the Opposite Party/s :     Mr. Sanjay Kumar Pandey, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                            ORAL ORDER

3   24-04-2026                 Heard learned counsel for the petitioner and learned

                   APP for the State.

                               2. The petitioner has prayed for bail in connection

                   with Ara Nawada P.S. Case No.354 of 2025 registered for the

                   offence punishable under Sections 8(c), 21(c), 25 and 29 of the

                   NDPS Act.

                               3. The case of the prosecution, in short, is that

                   altogether from a swift dzire car, two packets containing 523 gm

                   and 524 gm heroin each, altogether 1047 gm of heroin was

                   recovered.

                               4. Learned counsel appearing on behalf of the

                   petitioner has submitted that the petitioner is driver of the said

                   car. It has further been submitted that nothing has been

                   recovered from the possession of the petitioner. Learned counsel
            Patna High Court CR. MISC. No.20426 of 2026(3) dt.24-04-2026
                                                        2/2




                      for the petitioner has further submitted that from perusal of the

                      FIR itself it will transpire that on being asked, the petitioner has

                      disclosed that he was carrying the consignement for Abhishek

                      and on his disclosure the documents of the car were recovered

                      from the house of co-accused Abhishek and contraband was also

                      recoverd from his possession. Learned counsel for the petitioner

                      has further submitted that similarly situated co-accused Indrajit

                      Kumar has been granted bail by this Court vide Cr. Misc. No.

                      75224 of 2025. Learned counsel for the petitioner has submitted

                      that petitioner is in judicial custody since 30.05.2025.

                                   5. The application for bail is opposed by learned APP

                      for the State. Learned APP has submitted that the petitioner is

                      having criminal antecedent of one case of similar nature.

                                   6. Having heard learned counsel for the parties and

                      considering the facts and circumstances of the case, I am not

                      inclined to grant bail to the petitioner at this stage, however, he

                      may renew his prayer for bail after six months if the trial is not

                      concluded. Learned trial court is directed to expedite the trial.



                                            (Ashok Kumar Pandey, J)
durgesh/-

U      T


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