Patna High Court
Mahesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was refused.
Summary
Mahesh Kumar petitioned the Patna High Court for anticipatory bail after a raid uncovered 23.60 grams of heroin and two accused who alleged they purchased the drug on his instruction. The petitioner argued that no incriminating material was found in his possession and that he has a clean antecedent, contending that the case against him is based solely on suspicion. The State opposed the bail, emphasizing the seriousness of the offences under the Narcotic Drugs and Psychotropic Substances Act. The Court examined whether the circumstances warranted the grant of anticipatory bail under the law. Considering the facts and the nature of the allegations, the Court refused the petition for anticipatory bail.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the provisions of the Criminal Procedure Code in a case involving alleged offences under the Narcotic Drugs and Psychotropic Substances Act.
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act — s. 21(b), 22(b), 8(c)
Subjects
- anticipatory bail
- NDPS Act
- heroin
- suspicion
- clean antecedent
- bail refusal
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28659 of 2026
Arising Out of PS. Case No.-74 Year-2026 Thana- SHAHPUR PATORI District- Samastipur
======================================================
Mahesh Kumar S/O Suresh Rai @ Suresh Ray R/O Village- Lawapur
Hasanpur, Ward No. 10, Police Station- Mahnar, District- Vaishali.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Anant Kumar Mishra, Advocate
For the Opposite Party/s : Mr. Syed Ehteshamuddin, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 30-04-2026 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends arrest in Shahpur Patory P. S.
Case No. 74 of 2026 registered for the offences punishable
under Sections 8(c), 21(b), 22(b) of the Narcotic Drugs and
Psychotropic Substances Act.
3. On secret information, a raid was conducted where
two accused persons, namely, Rahul Kumar and Shanti Devi
were apprehended along with 23.60 grams heroine who
disclosed that they purchased the aforesaid heroine on the
instruction of this petitioner.
4. Learned counsel for the petitioner submits that no
incriminating material has been recovered from conscious
possession of the petitioner. He has been made accused in this
case only on suspicion. Petitioner claims clean antecedent.
Patna High Court CR. MISC. No.28659 of 2026(2) dt.30-04-2026
2/2
5. Learned A.P.P. for the State opposes the prayer for
bail.
6. Considering the aforesaid facts and circumstances
of the case, prayer for anticipatory bail of the petitioner is
refused.
(Prabhat Kumar Singh, J)
Navya/-
U T
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