Patna High Court
Gaurav Kumar @ Gaurav RajversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
Holding
The Court granted anticipatory bail to the petitioner, subject to conditions, as there was insufficient material linking him to the offence.
Summary
The petitioner, Gaurav Kumar, was implicated in an NDPS case for alleged possession of 170 litres of codeine seized from a vehicle registered in his name. He contended that he had handed the vehicle over to his brother, and that there was no independent witness or material linking him to the seizure, alleging violations of Sections 103 and 105 of the BNSS in the preparation of the seizure list. The State opposed anticipatory bail but did not dispute the handover to the brother. The Court, noting the lack of direct evidence against the petitioner and the supporting diary entries, ordered that he be released on bail if arrested or surrendered within six weeks, subject to a bail bond and several conditions under Section 482(2) of the BNSS. The order effectively granted anticipatory bail with strict compliance requirements.
Issues considered
- Whether the petitioner is entitled to anticipatory bail in the NDPS case despite the seizure of codeine from his vehicle.
- Whether the alleged procedural violations in preparing the seizure list affect the bail application.
Legislation cited
- Bihar Negotiable Security (BNSS) Act — s. 103, 105, 482(2)
- Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 21, 22
Subjects
- anticipatory bail
- NDPS Act
- codeine seizure
- vehicle ownership
- Section 482
- bail conditions
- procedural violation
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29892 of 2026
Arising Out of PS. Case No.-45 Year-2025 Thana- FCI District- Begusarai
======================================================
Gaurav Kumar @ Gaurav Raj S/O Saudagar Singh Resident of Village-
Pansalwa, Ward No. 11, P.S.- Beldaur, District- Khagaria
... ... Petitioner/s
Versus
The State of Bihar Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Amit Prakash
For the Opposite Party/s : Mr. Uday Pratap Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
3 24-06-2026 Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner apprehends his arrest in
connection with NDPS Case No.27 of 2025 arising out of FCI
P.S. Case No.45 of 2025 dated 23.06.2025, registered for the
offence punishable under Sections 21/ 22 of the NDPS Act.
3. As per the FIR, the allegation is that 170 liters of
codeine were recovered from vehicle, bearing Registration
No.JH-01DV-4498 of which the petitioner is the registered
owner.
4. Learned counsel for the petitioner submits that
the petitioner is innocent and has been falsely implicated in the
present case. It is further submitted that altogether six persons
have been named in the FIR, out of whom five persons have
already been taken into judicial custody. It is the specific case of
Patna High Court CR. MISC. No.29892 of 2026(3) dt.24-06-2026
2/3
the petitioner that he had handed over the vehicle in question to
his brother, namely, Ankush Raj @ Bittu Patel, and the said fact
has also surfaced during investigation, as is evident from
paragraphs 85 and 92 of the case diary. Learned counsel further
submits that there is no independent witness to the seizure list
and that there has been gross violation of Sections 103 and 105
of the BNSS while preparing the seizure list. It is also submitted
that no material has surfaced during investigation to establish
the complicity of the petitioner in the alleged occurrence. Lastly,
it is submitted that the petitioner has one criminal antecedent, in
which he is already on bail.
5. Learned APP for the State has opposed the
prayer for anticipatory bail. However, he does not dispute the
fact that the vehicle in question had been handed over by the
petitioner to his brother, as reflected in paragraphs 85 and 92 of
the case diary.
6. Considering the facts and circumstances of the
case, particularly the fact that the vehicle in question had
allegedly been handed over by the petitioner to his brother and
the said fact finds support from the case diary, let the above
named petitioner, be released on bail, in the event of his arrest or
surrender before the learned Court below within a period of six
Patna High Court CR. MISC. No.29892 of 2026(3) dt.24-06-2026
3/3
weeks from today, on furnishing bail bond of Rs. 10,000/-
(Rupees Ten Thousand) with two sureties of the like amount
each to the satisfaction of the learned Principal Sessions Judge,
Begusarai/Successor Court in connection with FCI P.S. Case
No.45 of 2025, subject to the conditions as laid down under
Section 482(2) of the BNSS as well as the following conditions:
(i) One of the bailors should be the
family member/relative/known of the petitioner(s)
who shall provide official document/ personal
affidavit to show his/her bona fide;
(ii) the petitioner(s) shall appear on each
and every date before the Trial Court and failure to
do so for two consecutive dates without plausible
reason will entail cancellation of his/her/their bail
bond by the Trial Court itself;
(iii) the petitioner(s) shall in no way try
to induce or promise or threat the witnesses or
tamper with the evidences, failing which the State
shall be at liberty to take steps for cancellation of
the bail bonds;
(iv) the petitioner(s) shall desist from
committing any criminal offence again, failing
which the State shall be at liberty to take steps for
cancellation of their bail bonds.
(Ajit Kumar, J)
shikha/-
U T
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