Created by Fuzzy Cloud

Patna High Court

Gulshan KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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
Patna High Court CR. MISC. No.22297 of 2026(2) dt.16-04-2026
                                            2/4




          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
Patna High Court CR. MISC. No.22297 of 2026(2) dt.16-04-2026
                                            3/4




          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
             Patna High Court CR. MISC. No.22297 of 2026(2) dt.16-04-2026
                                                         4/4




                       criminal offence again, failing which the State shall be at liberty

                       to take steps for cancellation of their bail bonds.



                                                     (Ajit Kumar, J)
vashudha/-

U      T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.