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Patna High Court

Lalan KumarversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

Anticipatory bail was denied as the case did not qualify for such relief under the NDPS Act.

Summary

The petitioners, Lalan Kumar and Ramesh Rai, sought anticipatory bail in connection with a NDPS case involving the alleged recovery of 990 g of ganja, 3.28 kg of charas and 840 g of smack. They contended that they were falsely implicated based solely on a co‑accused’s confessional statement, that no arrest was made on the spot, and that the prosecution had not complied with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The State argued that the seized narcotics exceeded commercial quantity, invoking the bar on anticipatory bail under Section 37 of the NDPS Act. The court examined the gravity of the offences, the lack of direct evidence against the petitioners, and the statutory bar, and concluded that the case was not suitable for anticipatory bail. Consequently, the court rejected the anticipatory bail application but allowed the petitioners to surrender within six weeks to seek regular bail.

Issues considered

  • Whether anticipatory bail can be granted in a NDPS case where the alleged contraband exceeds commercial quantity
  • Whether non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, bars anticipatory bail
  • Whether reliance on a co‑accused’s confessional statement suffices to justify anticipatory bail

Legislation cited

Subjects

  • anticipatory bail
  • NDPS Act
  • commercial quantity
  • Section 103 BNS
  • confessional statement
  • bail jurisprudence

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.31157 of 2025
                 Arising Out of PS. Case No.-204 Year-2024 Thana- LAKHAURA District- East Champaran
                 ======================================================
           1.     Lalan Kumar son of Bhola Rai Resident of village -chhoka Pakahi, PS-
                  Lakhaura, District -East champaran
           2.    Ramesh Rai @ Ramesh Kumar Son of Bhola Rai Resident of village
                 -chhoka Pakahi, PS- Lakhaura, District -East champaran

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar
                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Eashita Raj, Advocate
                 For the Opposite Party/s :      Mr.Suman Kumari Singh, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

4   05-02-2026                  Heard learned counsel for the petitioners and learned

                   APP for the State. Perused the case diary.

                                2. The petitioners apprehend their arrest in connection

                   with Lakhaura P.S. Case No. 204 of 2024, instituted for the

                   offences under Sections 8, 20(b)(ii)(B), 8/20(b)(II)(c), 8(c),

                   21(c), 23(c), 25 and 29 of the NDPS Act.

                                3. Prosecution case, in short, is that there is recovery

                   of 990 gram of Ganja, 3.280 Kg Charas and 840 grams smack in

                   this case.

                                4. Learned counsel for the petitioners submitted that

                   the petitioners have falsely been implicated in the present case.

                   Charge-sheet has been submitted in this case. The name of the
Patna High Court CR. MISC. No.31157 of 2025(4) dt.05-02-2026
                                            2/3




          petitioners transpired in this case on the basis of confessional

          statement of co-accused. The alleged recovery has been made

          from co-accused Bhola Rai. The petitioners have not been

          apprehended on the spot. Learned counsel for the petitioners

          submitted that general and omnibus allegation has been made

          against the petitioners. There is no compliance of Section 103 of

          the Bharatiya Nagarik Suraksha Sanhita, 2023. It has been

          submitted on behalf of the petitioner that the petitioners have no

          criminal antecedent.

                      5. Learned A.P.P. for the State has vehemently

          opposed the prayer for grant of bail to the petitioner. He further

          submitted that the recovered contraband is above the

          commercial quantity, hence, there is bar under Section 37 of the

          NDPS Act. The petitioners do not deserve anticipatory bail.

                       6. Considering the aforesaid facts and circumstances

          of the case, nature and gravity of offence, in my view, this is not

          a fit case for anticipatory bail.

                       7. Accordingly, the prayer for grant of anticipatory

          bail to the petitioners is, hereby, rejected.

                       8. However, if the petitioners surrenders before the

          learned court below within a period of six weeks from today and

          prays for regular bail, the same shall be disposed of on its own
           Patna High Court CR. MISC. No.31157 of 2025(4) dt.05-02-2026
                                                       3/3




                     merit without being prejudiced by this order.



                                           (Rudra Prakash Mishra, J)
manish/-

U      T


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