Patna High Court
Niranjan Kumar @ GandolversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
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
- B.N.S.S. — s. 482(2)
- Narcotic Drugs and Psychotropic Substances Act — s. 21(b), 8(c)
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
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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
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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
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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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