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Patna High Court

Niranjan Kumar @ GandolversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that anticipatory bail must be granted as no incriminating evidence was found against the petitioner and the statutory conditions were met.

Summary

The petitioner, Niranjan Kumar, sought anticipatory bail fearing arrest in a Narcotic Drugs and Psychotropic Substances (NDPS) case (PS No. 639 of 2025) alleging offences under Sections 8(c) and 21(b) of the NDPS Act. The prosecution’s case was based on a seizure of brown sugar from the house of co‑accused Sudhir Kumar, with the petitioner’s name implicated only through a statement of another co‑accused, Ashutosh Kumar. The petitioner argued that no incriminating substance was found in his possession or residence and highlighted his prior bail history and an earlier acquittal. The State opposed the grant of anticipatory bail. After hearing both sides, the court found the lack of direct material against the petitioner sufficient to grant anticipatory bail, subject to a bond, sureties and conditions under Section 482(2) of the B.N.S.S.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under the NDPS Act in the absence of incriminating material.
  • Whether the conditions of Section 482(2) of the B.N.S.S. are satisfied for granting anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • NDPS Act
  • drug trafficking
  • Section 482
  • bail conditions
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.3037 of 2026
                        Arising Out of PS. Case No.-639 Year-2025 Thana- BIHAR District- Nalanda
                 ======================================================
                 Niranjan Kumar @ Gandol Son of Surendra Yadav @ Surendra Prasad R/o
                 Mohalla - Pandit Nagar, P.S. - Bihar sharif - District - Nalanda.

                                                                                    ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Sudhir Kumar, Adv.
                 For the Opposite Party/s :        Mr.Rajendra Nath Jha, APP
                 ======================================================

                 CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
                                    ORAL ORDER

3   23-02-2026             Heard learned counsel for the petitioner and learned

                   Additional Public Prosecutor for the State.

                           2. The petitioner is apprehending his arrest in connection

                   with Bihar P.S. Case No. 639 of 2025 dated 23.11.2025

                   registered for the offence punishable under Section/s 8(c), 21(b)

                   of the N.D.P.S. Act.

                           3. As per the prosecution case, the police has recovered

                   total 548 power-like packets (brown sugar) weighing 289.15

                   grams with and 30.36 grams without packaging and a total sum

                   of Rs. 5,12,605/- from the house of co-accused Sudhir Kumar.

                           4. Counsel for the petitioner submits that from the

                   contents of the F.I.R., it appears that the name of the petitioner

                   has transpired in this case on the basis of the statement made by
Patna High Court CR. MISC. No.3037 of 2026(3) dt.23-02-2026
                                            2/4




          one Ashutosh Kumar @ Rahul, who is said to have also taken

          the name of co-accused Niranjan Kumar @ Gandol along with

          the present petitioner. It is the case of the petitioner that on the

          disclosures made by the co-accused Ashutosh Kumar @ Rahul,

          a raid was conducted and the alleged recovery is said to have

          been made from the house of the co-accused Sudhir Kumar,

          while nothing incriminating is said to have been recovered from

          the possession of the petitioner. Counsel for the petitioner fairly

          submits that there are five antecedents of the petitioner and in

          all of them, he is on bail except one being Bihar P.S. Case No.

          08 of 2020 in which his acquittal has been recorded. It is lastly

          submitted that the petitioner is ready to abide by the terms and

          conditions imposed in this case, in case the benefit of privilege

          of anticipatory bail is extended to him.

                  5. Learned APP for the State opposes the prayer for grant

          of anticipatory bail.

                  6. Having heard learned counsel for the petitioner and

          considering the fact that nothing incriminating has been

          recovered from the conscious possession of the petitioner or

          from his house, this Court is inclined to grant anticipatory bail

          to the petitioner.

                  7. Let the petitioner, above named, be released on
Patna High Court CR. MISC. No.3037 of 2026(3) dt.23-02-2026
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          anticipatory bail in the event of his arrest or surrender before the

          court below within a period of four 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

          learned District & Additional Sessions Judge-I -cum- Special

          Judge, Bihar Sharif, Nalanda in connection with Bihar P.S. Case

          No. 639 of 2025, subject to the condition as laid down under

          Section 482(2) of the B.N.S.S. as well as the following

          conditions:

                  (i)   One      of    the    bailors     should   be   the   family

          member/relative/known of the petitioner(s) who shall 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 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
              Patna High Court CR. MISC. No.3037 of 2026(3) dt.23-02-2026
                                                          4/4




                        criminal offence again, failing which the State shall be at liberty

                        to take steps for cancellation of their bail bonds.



                                                                            (Ajit Kumar, J)
rishi/-

U         T


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