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Patna High Court

Mahesh KumarversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

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

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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