Patna High Court
Harendra RaiversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted anticipatory bail to the petitioners, subject to surrender and bail‑bond conditions, finding no sufficient ground to deny bail despite the prosecution’s claims.
Summary
Harendra Rai and Nagendra Rai applied for anticipatory bail fearing arrest in a NDPS case (Sections 8(c), 21(c) and 29) filed by a Labour Enforcement Officer based on contraband recovered from a third person and a co‑accused’s confessional statement. The petitioners contended they were innocent, had no possession of narcotics, and that the LEO lacked jurisdiction to institute the prosecution. The State opposed the bail. The Patna High Court, after hearing both sides, ordered that the petitioners be granted anticipatory bail, directing them to surrender within four weeks and to furnish a bail bond of Rs 10,000 with two sureties, subject to the conditions of Section 438(2) Cr.P.C. and Section 482(2) of the BNSS.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Section 438 Cr.P.C. in a case under the NDPS Act.
- Whether the Labour Enforcement Officer had jurisdiction to file the NDPS case.
- Whether the petitioners' prior criminal antecedents preclude the grant of anticipatory bail.
Legislation cited
- Bihar Narcotic Substances (Control) Act — s. 482(2)
- Criminal Procedure Code — s. 438(2)
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 21, 29, 8
Subjects
- anticipatory bail
- NDPS Act
- jurisdiction
- Labour Enforcement Officer
- confessional statement
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24692 of 2026
Arising Out of PS. Case No.-164 Year-2025 Thana- GANGABRIDGE District- Vaishali
======================================================
1. Harendra Rai son of Mohan Rai Village -Saifpur Ward No. 43 PS- Ganga
Bridge Dist- Vaishli
2. Nagendra Rai son of Mohan Rai Village -Saifpur Ward No. 43 PS- Ganga
Bridge Dist- Vaishli
... ... Petitioner/s
Versus
The State of Bihar bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Vasant Vikas, Advocate
For the Opposite Party/s : Mr.Nand Kishore Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 15-05-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The instant application for anticipatory bail has
been filed by the petitioners apprehending their arrest in
connection with Ganga Bridge P.S. Case no. 164 of 2025
instituted for the offence under Sections 8 (c), 21 (c) and 29 of
the NDPS Act.
3. The case of the prosecution is that Labour
Enforcement Officer (LEO) has filed this case. It is further
alleged that from the possession of one Chandan Kumar, some
contraband was recovered.
4. Learned counsel for the petitioners submits that the
Patna High Court CR. MISC. No.24692 of 2026(2) dt.15-05-2026
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petitioners are innocent and have falsely been implicated in
connection with the present case. It is further submitted that the
name of the petitioners have surfaced during investigation on
the basis of the confessional statement of co-accused. Nothing
has been recovered from the conscious possession of these
petitioners. It is further submitted that the petitioner no.1 is
having four criminal antecedents whereas petitioner no. 2 is
having three criminal antecedents. It is further submitted that
Labour Enforcement Officer has no jurisdiction to institute the
present case and at best he ought to have informed the police
authorities for taking appropriate action in accordance with law.
5. Learned APP appearing for the State opposed the
prayer of 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 petitioners on bail. The
petitioners are directed to surrender in the Court below within a
period of four weeks from today and in the event of their arrest
or surrender in connection with Ganga Bridge P.S. Case no. 164
of 2025, they 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 Sessions Judge,
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Vaishali at Hajipur, subject to the conditions as laid down under
section 438(2) of the Cr.P.C/ Section 482 (2) of the BNSS.
(Ashok Kumar Pandey, J)
Jagdish/-
U T
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