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Patna High Court

Gaurav Kumar @ Gaurav RajversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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