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Patna High Court

Lalan KumarversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

Anticipatory bail was denied as the court was not inclined to grant it in view of the facts and gravity of the offence.

Summary

The petitioners, Lalan Kumar and Ramesh Rai, sought anticipatory bail in a case where the police recovered 990 g of ganja, 3.280 kg of charas and 840 g of smack, invoking several provisions of the NDPS Act. They claimed innocence, arguing that forensic analysis confirmed only the ganja packet contained narcotics, while the charas and smack packets tested negative, and that there was no compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The State opposed the bail, emphasizing the nature and gravity of the alleged offences. The High Court, after considering the facts, the forensic report, and the seriousness of the charges, declined to grant anticipatory bail. It directed that if the petitioners surrender, the trial court may consider regular bail on its merits.

Issues considered

  • Whether anticipatory bail should be granted to the petitioners under the NDPS Act given the alleged recovery of narcotics.
  • Whether the forensic report and lack of compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, affect the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • NDPS Act
  • narcotics seizure
  • forensic report
  • Section 103
  • bail jurisprudence
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.27107 of 2026
                                              In
                              CRIMINAL MISCELLANEOUS No.31157 of 2025
                 Arising Out of PS. Case No.-204 Year-2024 Thana- LAKHAURA District- East Champaran
                 ======================================================
           1.     Lalan Kumar S/o Bhola Rai R/o Village - Chhoka Pakahi, P.S - Lakhaura,
                  District - East Champaran
           2.    Ramesh Rai @ Ramesh Kumar S/o Bhola Rai R/o Village - Chhoka Pakahi,
                 P.S - Lakhaura, District - East Champaran


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


                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Ms. Priyanka Singh, Advocate
                 For the Opposite Party/s :      Mr. Md. Iftekhar Mahmood, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   10-07-2026                         Heard learned counsel for the petitioners and

                   learned APP for the State.

                                2. The petitioners apprehend arrest in connection with

                   Lakhaura P.S. Case No. 204 of 2024, registered under Sections

                   8/20(b)(ii)(B), 8/20(b)(II)(c), 8(c), 21(c), 23(c), 25 and 29 of the

                   NDPS Act.

                                3. This is the second attempt of the petitioners for

                   bail. The petitioners have renewed their prayer for grant of

                   anticipatory bail which was earlier rejected by this Court vide

                   order dated 05.02.2026 passed in Cr. Misc. No. 31157 of 2025
Patna High Court CR. MISC. No.27107 of 2026(2) dt.10-07-2026
                                            2/3




          taking into consideration the facts and circumstances of the

          case, nature and gravity of the offence.

                       3. The prosecution case, in short, is that there is

          recovery of 990 gram of Ganja, 3.280 Kg Charas and 840 grams

          smack in this case.

                       4. Learned counsel for the petitioners submits that the

          petitioners are innocent and have falsely been implicated in the

          present case. It is next submitted that during investigation, the

          seized items were sent for examination and the Regional

          Forensic Science Laboratory, Muzaffarpur has examined three

          packets marked as ‘G-1’, ‘C-1’ and ‘S-1’ and has reported that

          the substance in packet ‘G-1’ was confirmed to be Ganja, further

          the report expressly records that no Narcotic drugs and/or

          Psychotropic substances were detected in packets ‘C-1’ and ‘S-

          1’. There is no compliance of Section 103 of the Bharatiya

          Nagarik Suraksha Sanhita, 2023. The petitioners have got no

          criminal antecedents.

                       5. Learned APP for the State has vehemently opposed

          the prayer for grant of anticipatory bail to the petitioners.

                       6. Considering the aforesaid facts and circumstances

          of the case, nature and gravity of the offence, this Court is not

          inclined to grant anticipatory bail to the petitioners.
             Patna High Court CR. MISC. No.27107 of 2026(2) dt.10-07-2026
                                                         3/3




                                    7. The prayer is rejected. However, if the petitioners

                       surrender in the learned Court below and pray for regular bail,

                       the learned Trial Court shall consider and dispose of the same

                       on its own merit without being prejudiced by this order.



                                                                   (Rudra Prakash Mishra, J)
Rajorshi/-

U       T


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