Patna High Court
Ankush KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- ASHOK KUMAR PANDEY
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
- NDPS Act — s. 21(c), 25, 29, 8(c)
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
Checking your session…