Patna High Court
Animesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was denied as the court found sufficient grounds to believe the petitioner could be implicated in the NDPS offences.
Summary
The petitioner, Animesh Kumar, sought anticipatory bail fearing arrest in a case under Sections 21, 22(b) and 22(c) of the Narcotic Drugs and Psychotropic Substances (NDPS) Act. The prosecution alleged that police raided the petitioner’s residence, seized 10,500 ampoules containing 6.3 grams of buprenorphine injection and 7,750 bottles with 1,550 grams of codeine‑based cough syrup, and apprehended a person named Rohit Kumar loading cartons. The petitioner argued that he was merely the son of the house owner and had no involvement in the alleged drug possession. The court examined the magnitude of the seized narcotics and the seriousness of the offences under the NDPS Act. Considering the large quantity of controlled substances and the risk of the petitioner’s involvement, the court rejected the petition for anticipatory bail. The bail application was dismissed, leaving the petitioner subject to possible arrest and trial.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Sections 21, 22(b) and 22(c) of the NDPS Act.
- Whether the presence of the petitioner at the premises and his relationship to the owner justify granting bail.
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act — s. 21, 22(b), 22(c)
Subjects
- anticipatory bail
- NDPS Act
- drug seizure
- codeine cough syrup
- buprenorphine
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30870 of 2026
Arising Out of PS. Case No.-163 Year-2026 Thana- RAMKRISHNANAGAR District- Patna
======================================================
Animesh Kumar S/O Ashok Kumar @ Ashok Kumar Prasad Resident of
House No. 16, South Mandiri Near Adarsh Colony, Police Station-Budha
Colony, District- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Rajesh Ranjan
For the Opposite Party/s : Mr.Satya Nand Shukla
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
3 02-07-2026 Heard learned counsel for the petitioner and learned
A.P.P for the State.
2. The petitioner apprehends his arrest in a case,
registered for offence punishable under Sections 21, 22(b), 22(c)
of the N.D.P.S. Act.
3. The prosecution case, in brief, is that the police
raided the house of petitioner and apprehended one Rohit
Kumar, who was loading cartons. On search, 10,500 ampoules
total 6.3 grams Buprenorphine injection and 7,750 bottles
containing 1550 grams of codeine based cough syrup were
recovered. Petitioner is son of the owner of the house.
4. Considering the huge quantity of codeine based
cough syrup and alleged injections, the prayer for anticipatory
Patna High Court CR. MISC. No.30870 of 2026(3) dt.02-07-2026
2/2
bail of petitioner is rejected.
(Prabhat Kumar Singh, J)
anay
U T
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