Patna High Court
Raushan Kumar @ Ritik Soni @ Ritik Raushan @ Ritik Raushan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- ANSHUMAN
Holding
Anticipatory bail under Section 482 of the BNSS, 2023 was refused.
Summary
The petitioner, Raushan Kumar, filed an application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 seeking anticipatory bail in a case where 12.5 kg of ganja was seized and he was charged under Sections 8, 20(b)(ii)(B), 23(C) and 29 of the NDPS Act. The petitioner claimed innocence, stating that no contraband was found in his possession and that the accusation was based solely on a co-accused’s confessional statement, while also offering to comply with any conditions. The State opposed the bail, highlighting the petitioner’s prior criminal record. The Court, considering the seriousness of the NDPS charges and the petitioner’s antecedents, refused the anticipatory bail but indicated that regular bail could be considered if the petitioner surrenders within four weeks. The order was pronounced by Justice Dr. Anshuman.
Issues considered
- What is the appropriateness of granting anticipatory bail under Section 482 of the BNSS, 2023 to a person charged with NDPS offences, considering his criminal antecedent and the nature of the allegations?
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 482
- Narcotic Drugs and Psychotropic Substances Act — s. 20(b)(ii)(B), 23(C), 29, 8
Subjects
- anticipatory bail
- NDPS Act
- Section 482
- criminal antecedent
- confessional statement
- drug seizure
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32674 of 2026
Arising Out of PS. Case No.-395 Year-2025 Thana- LAURIA District- West Champaran
======================================================
Raushan Kumar @ Ritik Soni @ Ritik Raushan @ Ritik Raushan Kumar S/o
Saheb Soni @ Saheb Sah Resident of Village- Somgadh, P.S.- Sathi, District-
West Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bimlesh Kumar Pandey, Advocate
For the Opposite Party/s : Md. Fahimuddin, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 13-05-2026 Heard learned Counsel for the petitioner and learned
APP for the State.
2. The present criminal miscellaneous application has
been filed under Section 482 of the Bharatiya Nagarik Suraksha
Sanhita, 2023 (hereinafter referred to as ‘the BNSS, 2023’) for
grant of anticipatory bail to the petitioner who apprehends arrest
in connection with Lauriya P.S. Case No. 395/2025, lodged on
11.09.2025, under Sections 8, 20(b)(ii)(B), 23(C) and 29 of the
NDPS Act, pending in the Court of learned Exclusive Special
Judge NDPS, Bettiah, West Champaran.
3. As per the prosecution, total recovery of 12.5 Kg of
ganja has been made which is the subject matter of the present
case.
4. Learned Counsel for the petitioner submits that the
Patna High Court CR. MISC. No.32674 of 2026(2) dt.13-05-2026
2/2
petitioner is innocent and has committed no offence. Counsel
submits that antecedent of the petitioner is not clean. Counsel
submits that neither the petitioner has been arrested from the
place of occurrence nor anything has been recovered from his
possession; rather he has been made accused merely on the basis
of confessional statement of the co-accused. He submits that
petitioner has no concern either with the contraband or vehicle
in question. Counsel submits that he is ready to fulfill all the
conditions whatsoever shall be imposed upon him.
5. Learned APP for the State opposes the prayer for
bail of the petitioner and submits that antecedent of the
petitioner is not clean.
6. Considering the criminal antecedent as well as
nature of allegation against the petitioner, the prayer for
anticipatory bail of petitioner is hereby refused. However, in the
event of surrender of the petitioner within four weeks from
today, the prayer for regular bail shall be considered on the same
day without being prejudiced by the order of this Court
considering the fact that the apprehended accused persons have
been granted regular bail by a co-ordinate Bench of this Court.
(Dr. Anshuman, J)
Mkr./-
U T
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