Patna High Court
AMIT KUMAR @ AMIT KUMAR GUPTA @ AMRIT KUMAR GUPTAversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
Anticipatory bail was denied as the petitioner was deemed to be a main participant in the ganja business.
Summary
The petitioner, Amit Kumar Gupta, sought anticipatory bail fearing arrest in a case (Adapur P.S. Case No. 04 of 2025) involving alleged offences under Sections 8 and 20(b)(ii)(c) of the NDPS Act. The prosecution alleged that 109.5 kg of ganja was recovered and that co‑accused had named the petitioner as a principal in the drug business. The court examined whether the seriousness of the alleged drug offence justified denial of anticipatory bail. Considering the petitioner’s alleged central role in the ganja trade, the court declined to grant anticipatory bail. The petitioner was ordered to surrender within two weeks and apply for regular bail, with a warning that failure to do so would lead to arrest. The order was limited to the anticipatory bail application and does not prejudice later proceedings.
Issues considered
- Whether anticipatory bail can be granted to the petitioner under Sections 8 and 20(b)(ii)(c) of the NDPS Act given the alleged involvement in a large drug seizure.
Legislation cited
- Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 20(b)(ii)(c), 8
Subjects
- anticipatory bail
- NDPS Act
- drug trafficking
- bail denial
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30242 of 2025
Arising Out of PS. Case No.-4 Year-2025 Thana- ADAPUR District- East Champaran
======================================================
Amit Kumar @ Amit Kumar Gupta @ Amrit Kumar Gupta S/O Rambabu
Gupta @ Rambabu Prasad R/O Vill - Yamunapur, P.S.- Adapur, Distt.- East
Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Nikhil Singh
For the Opposite Party/s : Mr. Anuj Kumar Shrivastava
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
8 17-02-2026 Heard the learned counsel for the petitioner and the
learned counsel for the State.
2. The petitioner apprehends arrest in connection with
Adapur P.S. Case No. 04 of 2025 registered for offences under
Sections 8, 20(b)(ii)(c) of the NDPS Act.
3. As per the prosecution case, 109.5 kg of ganja was
recovered from the arrested accused persons, and they have
taken the name of the petitioner in their self-inculpatory
statements as one of the main persons involved in the business
of ganja.
4. Considering the fact that the involvement of the
petitioner has come in the business of ganja, this Court is not
inclined to grant the privilege of anticipatory bail to the
Patna High Court CR. MISC. No.30242 of 2025(8) dt.17-02-2026
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petitioner in the present case.
5. Accordingly, the application for anticipatory bail is
hereby rejected. Interim order, if any, is hereby vacated.
6. The petitioner is directed to surrender in the court
below within a period of two weeks from today and seek regular
bail, failing which the Superintendent of Police, East
Champaran, Motihari will take all steps for the arrest of the
petitioner.
7. It is, however, clarified that the observations made
herein are limited to the adjudication of the present application
and shall not prejudice the case of the petitioner at any
subsequent stage of the proceedings.
8. Let a copy of this order be communicated to the
Superintendent of Police, East Champaran, Motihari through
FAX for its compliance forthwith.
(Sandeep Kumar, J)
Shishir/-
U T
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