Patna High Court
Divesh Kumar Sah @ Davesha @ DeveshversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
Anticipatory bail was not granted to the petitioner.
Summary
The petitioner, Divesh Kumar Sah, applied for anticipatory bail fearing arrest in a case (PS‑277/2024) involving alleged offences under the NDPS Act and the Arms Act. The prosecution alleged recovery of a country‑made pistol, live cartridges, 3.4 kg of ganja and a mobile phone from a shop, linking the petitioner to the crime. The court examined the seriousness of the material seized and the alleged involvement of the petitioner. Considering the quantum of the seizure, the court was not inclined to grant anticipatory bail. The application for anticipatory bail was dismissed and the petitioner was ordered to surrender within four weeks and apply for regular bail, failing which the police would be directed to arrest him.
Issues considered
- Whether anticipatory bail should be granted to the petitioner in view of the seized narcotics and arms and the alleged connection to the offences under the NDPS Act and Arms Act.
Legislation cited
- Arms Act — s. 25(1‑AA), 25(1‑B)(a), 26, 35
- Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 20(b)(ii)(B), 22(b), 8
Subjects
- anticipatory bail
- NDPS Act
- Arms Act
- seizure of narcotics
- seizure of firearms
- bail procedure
- criminal law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32438 of 2025
Arising Out of PS. Case No.-277 Year-2024 Thana- BELDOUR District- Khagaria
======================================================
Divesh Kumar Sah @ Davesha @ Devesh Son of Late Rajpati Sah Resident
of Village- Pachaut PS- Beldaur District -Khagaria
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Shekhar Kumar Singh
For the Opposite Party/s : Mr.Anand Kishore Choudhary
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
4 19-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner apprehends his arrest in
connection with Beldaur P.S. Case No. 277 of 2024 registered
for the offence under Sections 8, 20(b)(ii)(B)/22(b) of the NDPS
Act as well as under Sections 25(1-B)(a), 25(1-AA), 26, 35 of
the Arms Act.
3. As per the prosecution case, there is recovery of
20 country made pistol, 79 live cartridges, 3kg 400 grams of
Ganja and mobile phone of Vivo Company was recovery from
the shop of one Pappu Patel.
4. During investigation, materials have come
against the petitioner to connect him with the crime.
5. Considering the quantum of recovery, this Court
Patna High Court CR. MISC. No.32438 of 2025(4) dt.19-02-2026
2/2
is not inclined to grant anticipatory bail to the petitioner.
6. Accordingly, this application for anticipatory
bail is dismissed.
7. The petitioner is directed to surrender in the
Court below within four weeks from today and pray for regular
bail failing which the Superintendent of Police, Khagaria will
take all steps for arrest of the accused person/s including the
petitioner.
8. Let a copy of this order this order be
communicated to the Superintendent of Police, Khagaria
through FAX for its compliance.
(Sandeep Kumar, J)
Vikas/-
U
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