Patna High Court
Gulshan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
Holding
The court held that the petitioner is entitled to anticipatory bail as the only material linking him to the offence is the co‑accused’s confession and no incriminating article was found in his possession.
Summary
The petitioner, Gulshan Kumar, sought anticipatory bail after being implicated in a case (Araria P.S. Case No. 442 of 2025) under Sections 8(c) and 21(b) of the NDPS Act based on the confession of co‑accused Amjad Ali. The FIR alleged that a quantity of a ‘smack‑like’ substance, cash and other items were seized from Amjad Ali’s house, and the co‑accused named the petitioner as an accomplice. The petitioner argued that he had no possession of the seized articles, that the confession was the sole basis of the allegation, and that he was otherwise innocent. The State opposed bail, contending that the confession and seizure linked the petitioner to the offence. The Court, considering that no incriminating material was found in the petitioner’s possession and that the only link was the co‑accused’s confession, granted anticipatory bail subject to conditions under Section 482(2) of the BNSS Act.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 482(2) of the BNSS Act despite the co‑accused’s confession linking him to the offence
- Whether the seizure of contraband from the co‑accused’s premises and the confession constitute sufficient grounds to deny bail
Legislation cited
Subjects
- anticipatory bail
- NDPS Act
- confession of co‑accused
- seizure of contraband
- section 482
- criminal procedure
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22297 of 2026
Arising Out of PS. Case No.-442 Year-2025 Thana- ARARIA District- Araria
======================================================
Gulshan Kumar son of Naresh Yadav Resident Of Village- Gaiyari, Ward No
15, P S -Araria, Distt- Araria
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Vijay Kishore Bharti, Advocate
For the Opposite Party/s : Mr.Ashok Kumar Singh, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
2 16-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner is apprehending his arrest in
connection with Araria P.S. Case No. 442 of 2025, registered
for the offence punishable under Sections 8 (c) and 21 (b) of the
N.D.P.S. Act.
3. As per the FIR, two persons after seeing the police
tried to escape from the place of occurrence but one person was
apprehended. On interrogation, he disclosed his name as Amjad
Ali and also disclosed the name of the petitioner who fled away
from the place of occurrence. It is further alleged that on search
40 gm smack like substance with polythene, one roll of
aluminum roll, digital weight machines, mobile sets and cash
amounting to Rs. 2, 63, 556/- were recovered from the house of
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co-accused Amjad Ali.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in this
case. Learned counsel submits that the name of the petitioner
surfaced on the basis of confessional statement of co-accused
Amjad Ali against whom there was a secret information
received by the police based on which seizure has been made. It
is next submitted that petitioner has no concern with the seized
article or has ever been indulged in business of smack. No
incriminating article has been recovered from his constructive
possession and even the seized smack is not of commercial
quantity. Petitioner has two criminal antecedents which is not
akin to the mentioned case and he is on bail in both the cases.
Petitioner undertakes to co-operate with the terms and
conditions imposed in case benefit of anticipatory bail is
extended. The petitioner further undertakes to co-operate with
the investigating agency.
5. On the other hand, the learned APP for the State has
opposed the prayer for bail of the petitioner.
6. Considering the fact that the name of the petitioner
has transpired on the confession of co-accused Amjad Ali who
has already taken into judicial custody and recovery of cash
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and also seized article has been made from his possession, let
the above named petitioner, be released on bail, in the event of
his arrest or surrender before the learned Court below within a
period of six weeks from today, on furnishing bail bond of Rs.
10,000/-(Rupees Ten Thousand) each with two sureties of the
like amount each to the satisfaction of the learned Principal
District and Sessions Judge Araria in connection with Araria
P.S. Case No. 442 of 2025, subject to the conditions as laid
down under Section 482(2) of the BNSS as well as the
following conditions:
(i) One of the bailors should be the family
member/relative/known of the petitioner(s) who shall provide
official document/ personal affidavit to show his/her bona fide;
(ii) the petitioner(s) shall appear on each and every
date before the Trial Court and failure to do so for two
consecutive dates without plausible reason will entail
cancellation of his/her/their bail bond by the Trial Court itself;
(iii) the petitioner(s) shall in no way try to induce or
promise or threat the witnesses or tamper with the evidences,
failing which the State shall be at liberty to take steps for
cancellation of the bail bonds;
(iv) the petitioner(s) shall desist from committing any
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criminal offence again, failing which the State shall be at liberty
to take steps for cancellation of their bail bonds.
(Ajit Kumar, J)
vashudha/-
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