Patna High Court

Chotu @ Nandu PaswanversusThe State of Bihar

Decided: 22 April 2026
Disposal: DISMISSED
Bench: PURNENDU SINGH

Holding

The anticipatory bail application is not maintainable and is dismissed.

Summary

Chotu @ Nandu Paswan applied for pre‑arrest (anticipatory) bail in a case registered under Sections 8(c) and 21(b) of the NDPS Act. The petitioner argued that bail should be granted pending investigation. The Court examined the nature and gravity of offences under the NDPS Act and considered whether an anticipatory bail application is maintainable in such matters. It held that, given the seriousness of the alleged offences, the anticipatory bail petition could not be entertained. Consequently, the application was dismissed.

Issues considered

Whether an anticipatory bail application is maintainable in a case under Sections 8(c) and 21(b) of the NDPS Act
Whether the nature and gravity of NDPS offences preclude the grant of pre‑arrest bail

Legislation cited

Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 21(b), 8(c)

Subjects

anticipatory bail
pre‑arrest bail
NDPS Act
Section 8(c)
Section 21(b)
criminal procedure

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.25432 of 2026
                         Arising Out of PS. Case No.-12 Year-2026 Thana- JOGBANI District- Araria
                  ======================================================
                  Chotu @ Nandu Paswan S/o Chandu Paswan R/o Village- Indranagar
                  Tikuliya Basti, Ward No.10, P.S- Jogbani, Dist- Araria.

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

                                                         ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :       Mr.Gopal Kumar Jha
                  For the Opposite Party/s :       Mr.Sunil Kumar Pandey
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                        ORAL ORDER

2    22-04-2026                      Heard learned counsel appearing on behalf of the

                    petitioner and learned APP for the State.

                                 2. The petitioner seeks pre-arrest bail in connection

                    with Jogbani P.S. Case No. 12 of 2026 registered for the offence

                    punishable under Sections 8(c)/21(b) of the NDPS Act.

                                 3. Considering the nature and gravity of the

                    allegations under the NDPS Act, this Court is of the considered

                    view that the present application for anticipatory bail is not

                    maintainable. Accordingly, the same stands dismissed.



                                                             (Purnendu Singh, J)
mantreshwar/-

U      T

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