Patna High Court
Anish KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The Court held that bail could not be granted and dismissed the bail application.
Summary
The petitioner, Anish Kumar, a student with no prior criminal record, applied for regular bail in a case registered under Sections 22(c), 23(c) and 25 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act. The prosecution alleged that a large quantity of narcotic substances, including Diazepam, Buprenorphine and Promethazine injections, was recovered from a tempo in which the petitioner was travelling. The petitioner argued that he was not involved in the alleged offence and sought bail. The State opposed the bail, emphasizing the quantum of the seized drugs. Considering the seriousness and the amount of narcotics involved, the Court declined to grant bail and dismissed the application, while noting that the order is limited to the bail application and does not prejudice the trial.
Issues considered
- Whether regular bail should be granted to the accused under the NDPS Act in view of the quantity of narcotic drugs recovered
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act — s. 22(c), 23(c), 25
Subjects
- bail
- NDPS Act
- drug possession
- regular bail
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27502 of 2026
Arising Out of PS. Case No.-10 Year-2026 Thana- JHAROKHAR District- East Champaran
======================================================
Anish Kumar S/o- Motilal Prasad @ Motilal Sah R/v- Madhavpur Nankar, Ps-
Sugauli District- East Champaran
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Parvin Kumar
For the Opposite Party/s : Mr.Arun Kumar Pandey
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 28-04-2026 Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks regular bail in connection
with Jharokhar P.S. Case No. 10 of 2026 (NDPS G.R. Case No.
07 of 2026) registered for the offence under Sections 22(c),
23(c) and 25 of the NDPS Act.
3. As per the prosecution case, the recovery is of
Diazepam Injection I.P 5 mg/ml) Daizerian-5) 200 pkt @ 10
Nos Ampoule h-2000 Ampoule, Buprenorphine injection
I.P(Talegesic) 77 Pkt@ 25 Nos Ampoule each 1925Ampoule
and Promethazine hydrochloride injection I.P (Phenagan) 199
Pkt @ 10 Nos Ampoule each- 1990 Ampoule from a Tempo in
which the petitioner was found travelling.
4. The petitioner is in custody since 22.01.2026.
Patna High Court CR. MISC. No.27502 of 2026(2) dt.28-04-2026
2/2
5. Learned counsel for the petitioner submits that
the petitioner is a student and he is not involved in the alleged
crime. He further submits that the petitioner has no criminal
history.
6. Learned APP for the State has opposed the bail
application of the petitioner.
7. Considering the quantum of recovery, this Court
is not inclined to grant bail to the petitioner.
8. Accordingly, this application is dismissed.
9. It is, however, clarified that the observations
made herein are limited to the adjudication of the present bail
application and shall not prejudice the case of the petitioner at
any subsequent stage of the trial and this Court has not
expressed any opinion on the merits of the case.
(Sandeep Kumar, J)
Vikas/-
U
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