Patna High Court
Lalan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- R P MISHRA
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
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 103
- Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985 — s. 21(c), 23(c), 25, 29, 8/20(b)(ii)(B), 8/20(b)(II)(c), 8(c)
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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